1. Being aggrieved by the judgment and decree dated 11.12.2003 passed by Ist Additional District Judge, Dhar in Civil Suit No. 42-A/0 I, whereby divorce petition filed by the respondent on the ground of cruelty was allowed and a decree of divorce was passed, the present appeal has been filed.

2. Since the appeal is barred by 281 days, therefore, an application for condonation of delay is filed. The reason for condoning the delay assigned in the application is that after passing of the decree on 11.12.2003 appellant approached her Counsel Mr. Suresh Raj Purohit, who was contesting the case on her behalf before the learned Court below. It was

alleged that all the necessary documents were given by her to the learned counsel who assured that the appeal shall be filed before this Court. It is submitted that thereafter, appellant came to know on 28.10.2004 in the proceedings of maintenance under section 125, Criminal Procedure Code, that no appeal has been filed by the learned counsel. It is further alleged that thereafter again after obtaining the certified copy of the judgment and decree the appeal was filed by the appellant on 16.12.2004. It is submitted that delay in filing