MC 3906/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY THE HON’BLE MR. JUSTICE CR SARMA Heard Mr. SK Ghosh, learned counsel for the applicant. Perused the averments made in the affidavit dated 10.01.11 filed by the applican t to the effect that the opposite party being tendered with the notice of the in stant miscellaneous application in terms of the order dated 21.12.2010 of this C ourt, had refused to accept the same. The petitioner has affirmed this statement to be true to his knowledge. There is no reason to disbelieve the correctness of these statements. In that vi ew of the matter, the service of notice of the instant miscellaneous application on the opposite party is accepted. After hearing the learned counsel for the applicant and on a consideration of th e uncontroverted statements made on oath in the application in hand, the delay o f 64 days in filing the matrimonial appeal is condoned. This miscellaneous application stands allowed.