SHIVARAJ PATIL, J.

1. Heard Shri C. Saravanan, learned counsel for the appellant, and Shri K. Raghunathan, learned counsel for the respondent, in this appeal.

2. The plaintiff in the suit C.S. No. 44 of 1991 has filed this appeal challenging the order dated 15.4.1991 passed by the learned single Judge in Application No. 1539 of 1991 in the said suit. The appeal was admitted on 6.7.1992. There was delay of 292 days in filing the appeal. The appellant filed C.M.P. No. 3878 of 1992 seeking condonation of delay in filing the appeal. A Division Bench of this Court passed the following order on 6.7.1992 in the said C.M.P: —

“The delay is condoned, for the present, subject to objection, if, any, that can be taken on behalf of the respondent, at the time of hearing of the Appeal,”

3. When this appeal came up for hearing, on the previous occasion, the learned counsel for the respondent pointed out that the delay was condoned without hearing the respondent, and the respondent would like to file counter opposing the application filed for condonation of delay. In view of the said submission, this Court passed the order on 22.9.1997 granting time to the respondent to file counter. Acco