1 WP 3761/2010 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3761 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Anil Kumar Patil for the petitioners. Mr. S.P. Shinde for respondent no.1. CORAM : D.G. KARNIK, J. DATE : 16TH JUNE 2011 P.C. : 1. This writ petition is directed against the order dated 19th March 2008 passed by the learned District Judge-4, Nashik, rejecting the petitioners’ application for condonation of delay of over 1 year 4 months in filing of an appeal. 2. In para 3 of the application before the appellate Court, the petitioners contended that 2 WP 3761/2010 the advocate in the trial Court did not give any idea about the progress of the suit to the petitioners and, therefore, the petitioners were not aware of the progress of the suit. It is further alleged in para 4 that the advocate had not taken discharge and, therefore, the petitioners were under bonafide belief that the matter is looked after by their advocate. In short, the allegation is that of negligence of the advocate in not informing the petitioners about the decision of the suit. 3. If the Court accepts the said contention, that would amount to recording the finding of negligence of the advocate. In such circumstances, it was necessary for the petitioners to join the advocate as a party to the delay condonation application. In any event, at least an affidavit of the concerned advocate ought to have been filed. This was not done. The lower appellate Court has dismissed the delay condonation application inter alia on the 3 WP 3761/2010 ground that no affidavit of the advocate was filed. It cannot be said that there is any error in the impugned order. The writ petition is accordingly rejected summarily. (D.G. KARNIK, J.)