KAILASH GAMBHIR, J. (ORAL)

1. The challenge in this first appeal is to the order dated 5th September 2013 passed by the learned Single Judge whereby I.A. No.8587/2011, seeking condonation of delay of 548 days in filing the application for restoration of the suit has been dismissed.

2. Addressing arguments on behalf of the appellant, Mr.Rattan K. Singh, Advocate, vehemently contends that the learned Single Judge did not appreciate that Mr. L.K. Kaul, who was the plaintiff in the suit and is represented by his legal representatives (LRs) herein, was suffering from a serious medical ailment i.e. Alzheimer’s disease since the year 2007, which was diagnosed sometime in October/ November 2008 and therefore, in such a state of mind, the appellant failed to remember having filed such a suit and thus he could not be blamed for non prosecution of the said suit, which came to be dismissed in default on 11th September 2009. He further submits that even the LRs of Late Mr. Kaul were not aware of any such suit having been filed by him and that they got to know about its dismissal in default only on 20th October 2010 through the written submissions filed by the respondents before the Hon’b