SA No. 40 of 2009 Hon'ble Prafulla C. Pant, J. Sri Sudhir Kumar, Advocate, present for the appellants. Sri B.D. Pande, Advocate, present for the respondent. This is Delay Condonation Application No. 5236 of 2009, for condonation of delay in filing the appeal against the judgment and decree dated 24.02.2009, passed by first appellate court (I Fast Track Court / Additional District Judge, Haldwani), in Civil Appeal No. 6 of 2008. Heard and perused the affidavit accompanying the delay condonation application. The application is allowed. Delay is condoned. Also, heard on admission and perused the impugned judgment and decree passed by the first appellate court. Brief facts giving rise to this appeal are that plaintiff / respondent instituted suit for recovery of Rs.1,82,000/- from the defendants (present appellants) for certain supplies made to them. The trial court dismissed the suit, but the first appellate court after reassessing the evidence gave a finding of fact that the plaintiff was not paid the amount claimed even after making supplies to the defendants under their orders and decreed the suit for payment of Rs.1,82,000/-. The case of the defendants is that they did not place any orders to the plaintiff. However, to that effect there is finding of fact recorded by the first appellate court against them. In the second appeal, this Court cannot interfere with the finding of fact, which is not perverse. In my opinion there is no substantial question of law involved in this appeal. The appeal is dismissed summarily. (Stay Application No. 5237 of 2009 also stands dismissed). (P.C.P., J.) 29.06.2009 NS