ORDER :

I.A. No. 10016 of 2015

1. This is an application under Section 5 of the limitation Act seeking condonation of delay of 3 years 11 months and 3 days in filing of the instant appeal.

2. The present appeal has been filed against the final decree dated 10.08.2011 passed by the learned Sub-Judge-II, Ara in Title Suit No. 570 of 2003. This Court has been informed that the preliminary decree dated 18.05.2010 passed by the learned court in title Suit No. 570 of 2003 is under challenge in this Court vide F.A. No. 160 of 2005. The said appeal was earlier dismissed due to non-compliance with the order dated 23.08.2013 but thereafter it has been restored vide order dated 20.08.2014.

3. For the purpose of condonation of delay in the present appeal, learned counsel for the appellant submits that the final decree was passed on 10.08.2011 but the learned counsel Mr. Ramadhar Rai, Advocate of Ara Bar Association had not advised the appellant to challenge the final decree. It is further stated that a certified copy of the final decree was obtained on 20.01.2014 but the appeal could be presented only on 20.08.2015.

4. Learned counsel submits that on 16.08.2015 the appellant visited learned counsel