MC 1339/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Hussain, the learned counsel for the applicant as well as Mr. Haque, the learned counsel for the respondent. The applicant by the present application is seeking condonation of delay of 126 days in preferring the appeal against the judgment and decree dated 22.0 1.2007 passed in Money Appeal No.2/2006 by the learned Civil Judge, Dhubri, on t he ground that because of his weak financial condition, he could not manage the court fee as well as the professional fee payable to the counsel. According to t he applicant, he could somehow manage to arrange the cost and accordingly on 05. 09.2007 handed over all the necessary papers as well as the cost to the learned counsel for preferring the appeal and accordingly the memorandum of appeal has b een filed on 10.09.2007. In the affidavit-in-opposition filed by the respondent, it has been cont ended that poverty of a person cannot be a good ground for condoning the delay. The respondent, however, has not denied the averments made by the applicant in p aragraph 3 of the application that because of his poverty, he could not manage t he court fee as well as the professional fee payable to the counsel, which cause s delay in preferring the appeal. Having heard the learned counsel for the parties and upon consideration of the averments made in the application as well as the affidavit-in-opposition filed, I am of the view that since the applicant was unable to arrange for the c ost to be incurred for filing the appeal, which he could somehow manage to arran ge on 05.09.2007, the applicant could demonstrate sufficient cause in not prefer ring the appeal in time, as the poverty no doubt is a sufficient cause for condo nation of delay. Hence the delay occurred in filing the appeal is condoned. In view of the above, Misc. case stands allowed.