concurring specially.
In my opinion the three decisions of this court cited in the certified question were overruled by the adoption of Rule 11 (c) in March of 1972. I see no conflict with Rule 11 (c) and the Appellate Practice Act of 1965, as amended by Ga. L. 1968, pp. 1072-1074.
The purpose of the statute was to eliminate the automatic dismissal of an appeal by one of the appellate courts for the failure of a party to cause the transcript of evidence and proceedings to be filed within the time allowed by law or order of court1 and to provide for a *631means of determining the reason for the delay in the trial court. Rule 11 (c) merely provides that if the issue of the late filing of a transcript is not raised and ruled upon in the trial court prior to transmittal it is waived. The only way to raise the question of the late filing of a transcript is under the provisions of the statute (Code Ann. § 6-809) and the losing party has a right to appeal the trial court’s ruling on this question to the appropriate appellate court. See McDonald v. Rogers, 229 Ga. 369 (191 SE2d 844); Gilmore v. State, 127 Ga. App. 249 (193 SE2d 219).
Order of court refers to an order of the trial court in extending the time for filing the transcript in the trial court. See Code Ann. § 6-806.