C. R. P. No. 894 of 1970

1. This revision petition is filed against an order of the District Judge of Ernakulam, whereby I. A. No. 47 of 1969 for condoning the delay in the presentation of C. M. A. No. 3 of 1969 before the District Court, was dismissed. The petitioner filed O. P. No. 7 of 1965 for permission to sue in forma pauperis in the Munsif's court of Cochin. That petition was dismissed by the order of the court dated 18 81967. The petitioner filed a C. R. P. in the High Court against the order, which was dismissed on the ground that no C.R.P. was maintainable as the proper remedy was to file an appeal. The petitioner then filed C.M.A. No. 3 of 1969 and along with it filed I. A. No. 47 of 1969 for condoning the delay. The ground alleged by the petitioner for the delay was that his legal adviser had, under a mistaken impression, advised him to file the C R.P. and that he did so bona fide and came to know that no revision petition lay only when it was dismissed by the High Court. According to the petitioner, as soon as the certified copy produced in the High Court along with the C.R.P. was got back by the petitioner, the C.M.A. and the LA. for condoning the delay wer