Joytosh Banerjee, J.

1. This hearing arises out of an application (C.A.N. No. 4927/2002) filed by the legal representatives of the sole defendant/appellant who were substituted in place of deceased defendant/appellant by an order dated 14.2.2000, praying for condonation of delay in filing an application for restoration of the second appeal which was dismissed for default.

2. Relevant facts leading to the filing of the instant application are as follows:-

The plaintiff/respondent filed a suit for eviction which was registered as T.S. No. 2621/79 before the 3rd Court of Munsif at Sealdah. The learned Trial Court by its judgment dated 23.4.89 decreed the suit on contest and the defendant/appellant was directed to deliver khas possession of the suit property in favour of the plaintiff/respondent within 60 days from the date of judgment. Being aggrieved by such order, the defendant went in appeal being T.A. No. 16/90 before the Assistant District Judge, Sealdah, which court by the judgment dated 19.12.90 dismissed the appeal and affirmed the judgment and decree passed by the Trial Court in T.S. No. 261/79. Thereafter the sole defendant approached this court through the second appe