IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.103 of 2008. Date of decision: 17.07.2008. Saleema ….Petitioner Versus Mussadi Ram & Others ….Respondents Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 For the Petitioner: Mr.R.K. Gauta, Senior Advocate with Mr.N.K. Bhardwaj,Advocate. For Respondent No.1: Mr.N.K. Thakur, Advocate. For Respondents : Ms.Ruma Kaushik, Additional No.2 to 4: Advocate General. Dev Darshan Sud,J. The petitioner has approached this Court against the order passed by the learned District Judge, Chamba, on an application under Section 5 of the Limitation Act having been made by the appellant- petitioner before the learned appellate Court praying for condonation of delay in preferring the appeal. The learned trial Court, on a consideration of the facts before it, held that the delay in filing the appeal was bonafide. For this purpose, the Court 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 placed reliance on the Medical Certificate issued stating that the applicant was ill and unable to attend Court. The contention of the respondents to the contrary that the applicant-respondent had been visiting the Court regularly did not find favour with the learned trial Court. The application was accordingly allowed and payment of Rs.500/- as costs was ordered. I have heard learned counsel for the petitioner. On the material on record this is not a fit case in which I should interfere under Article 227 of the Constitution of India. The learned appellate Court has considered the entire gamut of facts and has come to a reasonable and just conclusion awarding Rs.500/- as costs to the petitioner herein. This petition is accordingly dismissed. However, in addition to Rs.500/- as ordered by the learned trial Court, the respondent-applicant shall pay Rs.1100/- as costs to the petitioner. It is clarified that in case cost is not paid, the order of the learned District Judge shall be deemed to have been set aside. Costs to be paid on the presentation of this order in the trial Court. July 17, 2008. (Dev Darshan Sud) (aks) Judge.