1. This application to condone the delay in filing the appeal has been posted before us as the correctness of the decision in Padmavathi v. Kalu (1980 KLT. 306) was doubted when the application came up for consideration before one of us sitting single. The appeal in this case was filed on 24-9-1980. On that date the time to file the appeal was over. But no petition to excuse the delay was filed along with the appeal. The Registrar returned the memorandum of appeal and granted 15 days' time to cure the defects. This was on 25-9-1980. On 8-10-1980 the appeal was re-presented with the petition to excuse the delay. When the respondent entered appearance on receipt of notice of the delay petition be took up a preliminary objection that there is no valid presentation of the appeal or the petition to excuse delay is that the memorandum of appeal was not accompanied by the application to excuse the delay as provided for under Order XLI R.3A CPC. and as such the petition has only to be dismissed, in support of that contention he relied on the decision of Khalid, J in Padmavathi v. Kalu (1980 KLT. 306). R.3A is a rule of procedure to be followed in a case where an appeal is prese