RAIBHAN SONAJI GAWAL Vs. SUKHDEO DHANAJI LOKHANDE

JUDGEMENT

(1.) Rule.Rule made returnable forthwith.

(2.) The petition is heard finally as the notice of final disposal was issued to the respondents by an order dated 22.6.2009 and the same is duly served on the respondents.

(3.) The petitioner had filed a suit for recovery of damages to the tune of Rs. 1,00,000/ against the respondent. The suit was dismissed by the trial court. The petitioner filed an appeal against the judgment and decree before the District Judge, Akola. There was a delay of about 45 days in filing of appeal. The petitioner filed an application under section 5 of the Limitation Act for condonation of delay.The application was allowed by the First Appellate Court by an order dated 15.11.2008 subject to payment of costs of Rs.250/ payable to the respondent no.1 within a period of 10 days from the date of the order. It is the case of the petitioner that since the petitioner was suffering from various ailments and was retired government servant, he was not able to deposit the amount of costs within a period of 10 days. The petitioner, therefore, moved an application for permission to deposit the costs of Rs.250/ before the court on 12.12.2008. The petitioner prayed that the costs of Rs.250/ may be accepted by the court. The trial court, however, by the order dated 12.12.2008 dismissed the application on the ground that the time to deposit the costs had already elapsed on 25.11.2008 and therefore, it was not possible to grant further time. The order dated 12.12.2008 is impugned in the instant writ petition.