AIR 1984 KARNATAKA 40 ::(1983) HinduLR 501 ::(1983) 2 Kant LJ 15 ::(1983) 2 RentLR 201

Karnataka High Court

Hon'ble Judge(s): G. N. Sabhahit , J

Civil P.C. (5 of 1908) , O.41 R.3A— Delay in filing appeal - Application for condonation has to be made along with appeal memo. In view of the mandatory provision of Order 41, Rule 3-A the application for condonation of delay shall be accompanied with the appeal memo, if the appeal is presented beyond time. There is no occasion for the Court to say that the application for condonation of delay might be entertained later and there is no occasion for the appellant to request that such an application should be received even at the stage of second appeal in the interest of justice.