Dr. Mukundakam Sharma, J.-Being aggrieved by the judgment and order dated 9th August. 2004 passed by the learned Single Judge of this Court in IA No. 6510/2003 in CS (OS) No. 2347/2000, rejecting the application of the appellant herein filed under Order 9 Rule 7, CPC, the present appeal is preferred in this Court. The appeal is barred by limitation and there is delay of about 224 days in filing the present appeal. Consequently, an application under Section 5 of the Limitation Act is also filed by the appellant praying for condonation of delay in filing the appeal. Along with the said application filed under Section 5, an affidavit of the previous Counsel who represented the appellant is also annexed. The aforesaid application filed under Section 5 of the Limitation Act is strongly opposed by the respondent who had filed reply thereto refuting the statements made in the application.

2. We have heard the learned Counsel for the parties on the aforesaid application under Section 5 of the Limitation Act. The impugned order was passed by the learned Single Judge on 9th August, 2004. It is stated that the certified copy was applied for immediately by the appellant and the said cer