The court's discretion to condone delay in representing an appeal is subject to the circumstances of the case and the interests of justice.

This Revision has been directed against the order passed in I.A.No.56 of 2006 in unnumbered A.S.No.-- of 2006 on the file of the Court of Subordinate Judge, Cheyyar. To condone the delay of 712 days in representing unnumbered A.S.No.-- of 2006, I.A.No.56 of 2006 was filed. After considering the reasoning stated in the affidavit to the petition for condoning the delay, the first appellant Court / Subordinate Judge, Cheyarr had allowed the application on terms of Rs.200/- fixing the date for compliance.

2. When the matter was taken up for hearing, the learned counsel for the respondents would state that the said unnumbered Appeal has been numbered as A.S.No.27 of 2007 and that the plaintiff has also filed cross-appeal in A.S.No.27 of 2007. A xerox copy of the cross-appeal has also been produced before this Court by the learned counsel for the respondents.

3. Under such circumstances, nothing survives in this Revision and the same hereby dismissed. The learned First Appellate Judge is directed to dispose of A.S.No.27 of 2007 within two months from the date of receipt of copy of this order. Connected Miscellaneous Petition is also dismissed. No costs.