RULING
This is an application under Rules 4 of 81 for leave to lodge Notice of Appeal out of time. The application was filed on the November 27, 1979 and is captioned as being in respect of a High Court’s decision dated the November 20, 1979; hence breach of Rule 74(2) within fourteen days of the decision against which it is desired to appeal, has been admitted. The case file of the High Court is not before me and the reason for the delay or inability to file Notice of Appeal in time, has been given in the affidavit of advocate for the applicant as failure to trace the case file both in his chambers and at the High Court’s Registry.
The affidavit in opposition to the application sworn by advocate for the respondent, paints a different picture. It is therein averred, that consequent upon an ex parte order made against the applicant on the September 27, 1979, application was made to set aside the said order and at the hearing thereof with advocates on both side appearing and heard on the …