THE HON'BLE MR JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No.3363 of 2010 ORDER This revision is directed against the order of dismissal, dated 02.06.2010, passed by the learned Senior Civil Judge, Gurazala in I.A.No.747 of 2009 filed under Section 5 of the Limitation Act seeking to condone the delay of 492 days in filing the appeal. 2. The respondent herein filed O.S.No.114 of 2001 on the file of the Principal Junior Civil Judge, Gurazala, against the petitioner for recovery of money and the same was decreed on 17.04.2008. The respondent filed E.P. for execution and it is at the stage of confirmation of the sale. The petitioner filed I.A.No.747 of 2009 seeking to condone the delay of 492 days in filing the appeal against the judgment and decree, dated 17.04.2008, in O.S.No.114 of 2001 and the same was dismissed. Hence, this revision. 3. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 4. In the affidavit filed in support of the application, the petitioner stated that after the judgment passed in O.S.No.114 of 2001 he suffered from illness, and also due to lack of money, he could not file the appeal within time. As the petitioner pleaded the ground of financial scarcity, this Court is of the view that it would be appropriate to give an opportunity to him to file an appeal by condoning the delay with certain conditions, since filing of appeal is a statutory right. 5. Accordingly, the Civil Revision Petition is allowed, setting aside the order impugned. Consequently, I.A.No.747 of 2009 is allowed on payment of costs of Rs.2,000/-(Rupees two thousand only) by the petitioner to the respondent. No order as to costs. _____________________ GHULAM MOHAMMED, J Date:11.02.2011 sj