1. This is an application to admit an appeal which was filed without a vakalatnama. The vakalatnama was not produced until after the time within which the appeal should have been filed and when produced, was found to bear a date subsequent to the date of the expiry of limitation. In these cureumstances we are asked to say either that the appeal is filed within time or that sufficient cause has been shown under Section 5 of the Lim. Act, for extending the time.
2. We are of opinion that a petition of appeal presented without any authority in the shape of a vakalatnama has not been legally presented at all. It may not be necessary to file a vakalatnama with the petition of appeal, but it is certainly necessary that there should be at the time of the presentation of the appeal a vakalatnama in existence bearing the signature of the appellant or his attorney.
3. With regard to the petition for extension of time under S. 5, it is clear that the failure to obtain the vakalatnama within the period of limitation was due to gross carelessness on the part of the vakils in the Court below. We are not prepared to grant the indulgence asked for. The memorandum of appeal is rejected.
V.S/R.K
4. Appeal rejected.