ORDER : Ruma Pal, J. Leave granted. 2. The only issue in this appeal is whether the High Court ought to have condoned the delay of 77 days. As the respondent has not controverted any allegation before us we condone the delay subject to the appellant paying costs assessed at Rs. 2000/- to the respondent within two weeks. In default of making such payment within the specified time, this appeal will stand dismissed.