This is an application under Section 5 of the Limitation Act for condonation of delay of 46 days caused in filing an appeal against order.

2. By an order dated 16-4-2008, the learned 4th Joint Civil Judge. Senior Division, Nagpur, allowed the application Exhibit 124 filed by the plaintiff under Order 13. Rule 11 of the Code of Civil Procedure of striking out the defence. This order was subject matter of challenge in Writ Petition No.4262 of 2008. This Court issued the notice in the said matter on 26-9-2008 and granted an ad interim stay to the proceedings before the Trial Court. On 107-2009, by a speaking order, this Court accepted the contention raised by the respondent that an appeal is maintainable against the order impugned in the petition and in view of the decision of the Apex Court in Nawab Ali Khan and Ors. Vs. Nawab Imdad Jah Bahadur and Ors., reported in (2009)5 SCC 162 : [2009 ALL SCR 961]. the petitioner was permitted to convert writ petition into an appeal against order. It was made clear that even if the appeal may be registered as such, the question as to whether it would be within limitation or not is kept open. The interim order was continued for a period of