Heard Mr. N. Islam, learned counsel, appearing for the petitioner in the application for condonation of delay. Also heard Mr. P. M. Talukdar, learned counsel appearing for the respondent who has filed an affidavit opposing the prayer for condolation of delay.

            This is an application for condonation of delay of 317 days in preferring the connected appeal. We have gone through the explanation given in the application for condonation and we are not impressed by the explanation given herein. We have also noticed that averments made in the application are not supported by any documents. Mr. Talukdar has submitted that the appellant was prompted to file this appeal only after warrant of arrest was issued in an execution proceeding. While considering the application, we have also looked into the impugned judgment against which the appeal has been filed. Prima-facie, question of territorial jurisdiction is involved in the case which was not adequately addressed by the District Forum.

            Though the explanation given by the petitioner is found not to be adequate, we, in consideration of the fact that an important question of law is involved in this appeal, have decided to condone the delay subject to payment of Rs. 4000/- as cost by the petitioner to the respondent before the next date. Accordingly, delay of 317 days is hereby condoned.

            Misc case stands disposed.

            In view of disposal of the Misc case, Registry is directed to allot a number to the pending appeal and the same shall be listed on 23-7-2013 for admission.