JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. A suit for declaration of title and recovery of possession filed by the plaintiff-respondents was dismissed by the trial Court but decreed in appeal. The Municipal Corporation, the appellant before us, filed a second appeal in the High Court. There was a delay of 39 days in filing the second appeal. The memo of appeal was accompanied by an application under Section 5 of the Limitation Act seeking condonation of delay in filing the second appeal. The reason set out for condonation of delay was that the Municipal Corporation had appointed an advocate to appear on its behalf who failed to appear in the first appellate Court when the appeal was heard, on account of some confusion in noting the date of hearing in the court case diary maintained in the office of the advocate and it was the belated knowledge of the judgment and decree of the appellate Court on the part of the advocate, and consequently on the part of the Municipal Corporation, which had caused the delay in filing the appeal. Affidavits by the Revenue Officer and the counsel representing the Municipal Corporation were filed in the High Court. The application was vehemently contested