1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR SECOND APPEAL NO. 264 OF 2010 Agrawal Finance India thr Prop. DharampalRajkumar Agrawal Vs. Sopan Ramratan Aade & One Ano. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri S. A. Sainis Adv for applicant/appellant. CORAM: A. B. CHAUDHARI J. Dated: 14 th MARCH, 2011. Heard Shri Sainis learned counsel for the appellant. I have gone through the judgment dated 25.04.2009 passed by District Judge-I Achalpur. Learned counsel for the appellant submitted that the Advocate engaged by the appellant never appeared before the Court and therefore ex-parte decree was passed. However it is seen that appellant has not demonstrated before the appellate Court as to how many times and on what dates he contacted his Advocate to know about the status of the case. It appears that the appellant after engaging the counsel just kept quiet. After entering appearance in the suit as a defendant appellant ought to have taken a follow up action which he did not do. Finding of 2 fact recorded by the appellate Court in not condoning the delay is correct and proper. There is no substantial question of law involved in the Second Appeal. It is dismissed. JUDGE svk 3 4 5