JUDGMENT - R.A. JAHAGIRDAR, J.:---[ Paras 1 to 4 are no, meant for reporting]

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5. The Appellate Bench below negatived the case of the petitioner on two grounds. The Appellate Bench held that the application for condonation of delay was not presented along with the appeal memo and under the provisions of Order XLI, Rule 3-A of the Code of Civil Procedure an appeal could not be entertained if it is not accompanied by an application for condonation of delay. Secondly, on merits also the Appellate Bench found that the petitioner had failed to establish that there was sufficient cause for not preferring the appeal within time by proving that he was induced by the advice to prefer an appeal belatedly. It is against this order of the Appellate Bench that the present petition under Article 227 of the Constitution has been preferred.

6. Mr. Deshmukh, the learned Advocate appearing in support of this petition has contended that the view of the Appellate Bench below that the provisions of Order XLI, Rule 3-A of the Code insist that an application for condonation of delay must accompany appeal memo is erroneous. Though the language of Order XLI, Rule 3-A of th

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