1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Civil Application No. 488 of 2009 IN Second Appeal St. No.20264 of 2008 [Kashiram U. Bhure Vs. Kacharu W. Bambawale] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. V.R. Mundra, Adv., for the applicant. ----- CORAM : A.H. JOSHI,J. DATE : 13th July, 2009. 1. This is an application for condonation of delay of two years and 262 days caused in filing of Second Appeal. 2. Since Second Appeal lies only on Substantial Question of Law, it is necessary to see the merit of appeal, instead of blindly ordering notice or Rule in application for condonation of delay. 3. This Court has, therefore, called upon learned Advocate for the appellant to demonstrate the merit of appeal. 4. Heard learned Adv. Mr. V.R. Mundra for the appellant and perused the Judgments impugned. 2 5. Trial Court has recorded reasons in Para No.6 of its judgment that, immediately prior to filing of suit, the plaintiff was not ready and willing to perform his part. 6. The finding recorded by Trial Court on the point of readiness and willingness of the plaintiff-appellant is confirmed by District Court with discussion and reasons. 7. These concurring reasons are not shown to be perverse or a product of any illegality. 8. No Substantial Question of Law arises, or is seen involved. 9. In this background, when the appeal is seen to be without merit, there are no grounds to vex the respondent by issuing a notice. 10. The Civil Application is, therefore, rejected. Appeal does not survive. Judge |Hedau| 3