VENKATACIIALA, J, J.

( 1 ) IN this revision petition, which is before us, being referred for hearing and disposal by a Division Bench, we are concerned and have to deal with the scope and operation of sub-rule (1)of R. 3a of O. 41 of the C. P. C 1908 (for short 'the Act' ).

( 2 ) THE material facts, which have given rise to the filing of this revision petition, lie in a narrow compass. The State of Karnataka (for short 'the State') presented in the Court of District Judge, Gulbarga (for short 'the appellate Court') a time barred appeal. But, that appeal, when presented, was not accompanied by an application for condonation of delay. However, such an application came to be filed subsequently. The appellate Court, which registered the said time barred appeal as R. A. No. 55/83, numbered the said application as I. A. I in that appeal. Later, when the appellate Court took up the time barred appeal together with the application for condonation of delay for hearing, a preliminary objection, to wit, that time barred appeal having been presented without being accompanied by an application for condonation of delay as required under sub-rule (11 of R. 3a of O. 41 of the Code was liable to be

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