(1) LEAVE is granted limited to the question of the condonation of delay of 1418 days in preferring the appeal.

(2) THIS appeal arises from the order dated 6/8/1998 passed by the High Court of Calcutta declining to condone the delay of 1418 days in preferring the appeal before the Division Bench. The Division Bench did not find sufficient cause to condone the delay and accordingly dismissed the appeal on 6/8/1998.

(3) DR Rajeev Dhawan, Senior Advocate appearing for the appellant submits that the appellant has been victim of misrepresentation by his own counsel and in the circumstances the High Court ought to have condoned the delay.

(4) HEARD learned counsel for the respondent.

(5) IT is a case where the appellant was kept under the impression that the appeal had already been filed. When the appellant tried to contact his advocate Mr M.M.Verma, to know about the progress of his case, he did not receive any satisfactory information. The appellant found that the progress of the matter was not satisfactory, he engaged another advocate, Mrs Heera Jain. On enquiry by Mrs Heera Jain, Advocate it came to her knowledge that no appeal was filed by the