SANTOSH GANAPAT NARANAWARE Vs. ZUNABAI RAJARAM GAIKWAD

JUDGEMENT

(1.) HEARD Mr. A. D. Vyawahare, learned Counsel for the applicant and Mr. Khati, learned Counsel for the respondents.

(2.) A short yet important question of law as to the maintainability of revision under section 115 of Code of Civil Procedure, 1908 (for short "the C. P. C. ") against the order of the Appellate Court, rejecting an application for condonation of delay in filing the appeal, is involved in this revision. Since the answer to the question does not involve any factual adjudication a brief reference thereto would suffice.

(3.) THE petitioner original defendant has impugned the order dated 28-10-1998 rendered by the 1st Additional District Judge, Nagpur in Miscellaneous Criminal Application No. 753 of 1997 (Exh. 1) rejecting the application for condonation of delay in filing First Appeal assailing the judgment and decree dated 13-3-1997 passed by Civil Judge, Junior Division, ramtek in Regular Civil Suit No. 89 of 1994. The respondent-original plaintiffs had filed suit for partition, separate possession and damages, claiming one half share in the joint family property.