MC 1844/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY The learned counsel for the applicant prays for striking out the names o f proforma respondent No.2, who did not contest the suit. Prayer is allowed. The name of proforma respondent No.2 is struck off from the list of resp ondents. Heard Mr. Hussain, learned counsel for the applicant as well as Mr. Shar ma, learned Sr. counsel appearing for the respondent Nos.1 to 8. The applicant by the present application is seeking condonation of delay of 2436 days in preferring the appeal contending that because of the wrong advi ce by the learned counsel, the decree passed on 20.05.2004 in Title Appeal No.09 /2002 by the learned Civil Judge (Senior Division), Bongaigaon, was put to chall enge by the revision petition, which, however, was dismissed on 10.02.2011 as no t maintainable as the appeal lies against the said decree. According to the appl icant thereafter the appeal has been filed on 21.04.2011 causing the delay as af oresaid. The prayer made in the application is opposed by the respondents by fili ng affidavit-in-opposition contending that there is no explanation for the perio d from 10.02.2011 to 21.04.2011. It has also been submitted that the applicant c annot take shelter of the wrong advice and they were not vigilant about their ri ght, if any. It is not in dispute that challenging the aforesaid judgment and decree passed in the aforesaid appeal, one civil revision petition was filed, which was dismissed on 10.02.2011 as not maintainable. Liberty, however, was granted to a pproach the Appellate Court. In the application filed, it has been contended tha t the applicant came to know about the dismissal of the revision petition only o n 20.03.2011 and thereafter he came to Guwahati on 01.04.2011 and applied for ce rtified copy and then went back home to manage the required finance for preferri ng the second appeal and accordingly the appeal was filed on 21.04.2011. Having regard to the aforesaid position, I am of the view that the appli cant was prevented by sufficient cause in not preferring the appeal in time. Hence the delay of 2436 days occurred in filing the appeal is condoned. Misc. case stands allowed.