V. BHASKARA RAO, J.

( 1 ) THE order in IA No. 1878 of 1998 in IA No. 1874 of 1997 in CMA SR No.- of 1997 on the file of Senior Civil Judge, Tadepalligudem, dated 17-2-1998 refusing to grant stay of all further proceedings pending disposal of petition for condonation of delay i. e. , IA No. 1874 of 1997 in filing CMA SR No.-of 1997, is challenged in this revision petition.

( 2 ) THE short question that arises for consideration is whether Order XLI Rule 3a CPC is mandatory or directory. It is beneficial to extract the above provision for proper appreciation of the above question. " (1) When an appeal is presented after the expiry of the period of limitation specified therefor, it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient cause for not preferring the appeal within such period. (2) If the Court sees no reason 10 reject the application without the issue of a notice to the respondent, notice thereof shall be issued to the respondent and the matter shall be finally decided by the Court below it proceeds to deal with the appeal under Rule 11 or Rule 13 as the case may be. (3

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