Article 314 — Appealfiled out of rime

(1) The registrar shall refuse to accept a memorandum of appeal filed after the expiry of the period laid down in Art. 323 and shan infonn the appellant that he may within ten days file an appl~ cation for leave to appeal out of time. (2) Where a memorandum of appeal is filed out of time and is ac- companied by an application for leave to appeal out of time, the registrar shall refuse to accept such memorandum and shall accept such application only: Provided that, where such application is contained in the memorandum of appeal. the registrar shall refuse to accept such memorandum and inform the apelant that the application must be f1ledseparately. (3) A note of a refusal under this Article shall be entered in the Register of Appeals together with the date of such refusal. Art. 32';.- Application for leave to appeal out of time (1) An application for leave to appeal out of time shall be in writ- ing and show cause why the appellant did not appeal within the period laid down in Art. 323 (2) The application shall be accompanied by such evidence as may be necessary to enable the court to decide whether the appellant was prevented for good cause frorp appealing. (3) Prior to deciding on the application.'the court may hear the ap- pliCant and the respondent and make with regard to evidence such orders as it thinks fit.