( 1 ) THE hearing arises from an application under section 5 of the Limitation Act filed by the defendant/appellant praying for condonation of delay for 250 days in preferring the appeal against the judgment and decree dated 23. 07. 2004 passed by the Id. XIIth Bench, City Civil court at Calcutta in T. S. 1997/95 declaring the plaintiff/respondent as bona fide purchaser of the shares as described in Schedule 'a' to the plaint and restraining the present petitioner from transferring, assigning and/or registering the shares to any other person.

( 2 ) THE petitioner's contention as per above application is that despite its instruction to the Id. erstwhile Advocate to oppose the matter, he did not intimate anything regarding development of the case, and when the petitioner's officer met him he could not apprise him the order passed by the Court as the brief was misplaced. The matter was then withdrawn from him and was given to Mr. M. K. Seal, Advocate of M/s. Sandersons and Morgans for taking necessary steps. Mr. Seal sought for instructions from the petitioner on informing the gist of the order of the Court. On instruction from the petitioner Mr. Seal app