1 caf5015 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.5015 OF 2008 IN FIRST APPEAL ST.NO.22837 OF 2008 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.Niranjan Tripathi i/b Mr.A.S.Vidyarthi for the Applicant Mr.N.J.Patil for the respondent no.1 CORAM: A.S.OKA,J. DATE : OCTOBER 19,2011 P.C.: 1 Heard the learned counsel for the applicant and the learned counsel for respondent no.1. Rest of the respondents have been served except respondent no.6. The learned counsel for the applicant submitted that the challenge in this appeal is only on the ground of negligence and quantum and hence the respondent no.6 is not a necessary party. Perused the paragraph 3 of the application. The appeal was kept ready and was handed over by the Advocate to his Clerk for 2 caf5015 filing on 6 th October 2007 along with cash for Court fees and a cheque for deposit in the Court. It is stated that the Clerk did not file the appeal. Steps taken by the Advocate thereafter have been also set out in the said paragraph. The application is supported by the affidavit of the Advocate himself. In view of the statements which are supported by the affidavit of the Advocate, a case is made out for condonation of delay. Accordingly, rule is made absolute in terms of prayer clause (a). Appeal to come up for admission on the date fixed as per the C.M.I.S. JUDGE