- (1.) The department has pointed out that the appeal has been filed after a delay of about 100 days or so. A supplementary affidavit has been called for from the appellant and such affidavit reveals that an application for correction of the decree was filed and the decree was corrected some four months and nine days after the application was filed.
(2.) In such view of the matter, the marginal delay, if at all, in preferring the appeal is condoned. It is, however, observed that there may not have been any delay at all attributable to the appellant in preferring the appeal.
(3.) The appeal arises out of an order dismissing a partition suit. The appellant was the first defendant in such suit and had lodged a counterclaim therein. The respondents have been served and the plaintiff is represented. The plaintiff has not carried any independent appeal from the judgment and decree impugned.;