THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CRP No.1188 of 2009 Oral Order : The revision petitioner herein is the defendant in the suit O.S.No.119 of 2002, filed by the respondent-plaintiff seeking recovery of amount with interest based on a pro-note dated 14-12-1999. The suit was decreed decreed by the trial Court by its judgment and decree dated 8-9-2004 in O.S.No.119 of 2002. The revision petitioner being the defendant in the suit preferred appeal along with petition to condone the delay of 992 days in filing the appeal before the lower appellate Court, mainly on the premise that due to misinformation given by his counsel he could not prefer the appeal within the time prescribed. The lower appellate Court on consideration of the matter declined to condone the delay. Hence, this revision. Learned counsel for the petitioner submitted that no doubt there was inordinate delay in preferring the appeal the judgment and decree passed by the trial Court is required to be adjudicated by the lower appellate Court, on merits, as the grounds urged by the revision petitioner are that the respondent-plaintiff has no financial capacity to advance the amount to him and that the suit promissory note was not proved. Heard Ms. D. Radha Rani, learned counsel for the respondent. Having heard the learned counsel on either side I am of the view that the lower appellate Court instead of dismissing the I.A. filed for condonation of delay at the threshold ought to have condoned the delay, enabling the parties to invite the decision on merits in the appeal. In the circumstances, the impugned order passed by the lower appellate Court is set aside and the delay is condoned. The petitioner is directed to deposit half of the decretal amount within 6 weeks from the date of receipt of a copy of this order and to pay costs of Rs.3,000/- ( Rupees three thousand only ) to Smt D. Radha Rani, learned counsel for the respondent within a period of one week. On payment of the amount as directed by this Court, the lower appellate Court shall proceed with the matter and dispose of the appeal expeditiously preferably within a period of six months. Accordingly, the Civil Revision Petition is allowed. No costs. 26- 3-2010 kk THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CRP No.1188 of 2009 26-3-2010