PREMRAO NATHUJI DHOPTE Vs. KRISHNARAO RAJARAMJI KARNE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, with the consent of learned counsel for respective parties.

(2.) By means of present petition, the petitioner challenges the order dated 29th September 2007 vide which the application filed by the present petitioner for permission to deposit costs for allowing application for condonation of delay, came to be rejected.

(3.) The petitioner has filed an appeal being aggrieved by the judgment and order in Regular Civil Suit No. 3864/2001 before the learned District Judge, Nagpur. However, since the appeal was filed within three days beyond the period of limitation, an application being MCA No. 456/2007 came to be filed for condonation of delay. The same was allowed vide order dated 30.8.2007, subject to payment of costs which are quantified at R. 100/- within a period of eight days from the date of the order. However, since the certified copy of the order was received beyond a period of eight days, an application came to be filed for permission to file said costs. The same was rejected. Hence the present Petition.