IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL REVISION PETITION NO.22/2009. Ashok Kumar. VERSUS Girraj Prasad and Another. 15.04.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Amit Nath Mathur, for the petitioner. Mr.Rajneesh Gupta, for the respondents. ***** Heard learned for the parties. By the impugned order the appeal has been dismissed as being barred by limitation. Learned counsel for the parties are in agreement that the delay is only of four days. Learned counsel for the appellant submits that there was no opportunity for the appellant to submit any application for condonation of delay and the appeal has been dismissed on the ground of delay and holding that no application under Section 5 of the Limitation Act was filed. Learned counsel appearing for the respondents, on the other hand, does not dispute the fact that the delay is only of four days in filing the appeal. Even as per the order of the learned lower appellate court the appellant had contended that he had submitted the application for obtaining the certified copy of the judgment dated 11.09.2008 on 01.10.2008 whereas the finding given is that the application was submitted on 15.10.2008, as the application which was present on 01.10.2008 was returned to the appellant as the same did not contain the requisite stamps and as such the presentation was considered as the date on which the deficiency was removed i.e. 15.10.2008. Learned counsel for the respondent submitted that without going into the aforesaid controversy, the respondent would be satisfied if the revision petition is allowed on the condition that the petitioner deposits entire rent in arrears, as already determined by the learned trial court to be paid to the respondent. In the facts and circumstances, it is directed that the impugned order dated 17.01.2009 is set aside. The learned lower appellate court is directed to register the appeal on the condition that the petitioner/ appellant deposits the entire arrears of rent upto 30.04.2009 in accordance with the decree of the learned trial court within thirty days from today. In the event of the said amount being deposited, the learned lower appellate court shall proceed to hear and decide the appeal expeditiously. Consequently, the revision petition as well as the stay application accordingly stand disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.