IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No.341 of 2006 Mrs.Neeta Mohanlal Varidani .. Petitioner versus M/s.Aswani Builders .. Respondents ... Mr.Ashok Verma i/b M/s.Mayur Narendra & Co. for the appellant. Mr.Y.M. Pendse for the respondent. CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 8th September 2006 DATED : 8th September 2006 DATED : 8th September 2006 P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. This appeal is directed against the order dated 17th march 2006 rejecting the appellant’s application for condonation of delay in making an application under Order 9 Rule 13 of the Code of Civil Procedure. 2. Under section 104 of the Code of Civil Procedure, no appeal lies form any order save as otherwise expressly provided in the body of the Code or any law for the time being in force. Under Order 43 Rule 1 of the Code of Civil Procedure, order refusing to condone the delay is not an appealable order. In the circumstances, appeal is not maintainable and is therefore dismissed summarily. (D.G. KARNIK, J) (D.G. KARNIK, J) (D.G. KARNIK, J)