G.S. SISTANI, J.

1. C M APPL 12296/2019 (delay in filing)

This is an application filed by the applicant/appellant under Section 5 of Limitation Act read with Section 151 of Code of Civil Procedure, 1908 seeking condonation of 574 days delay in filing the present appeal.

2. Some necessary facts required to be noticed for disposal of this application are that respondent no.1 had filed a suit under Order XXXVII of CPC for recovery in the sum of Rs.9,25,92,523/-. The defendants including the appellant herein filed an application under Order XXXVII Sub-rule 3 seeking leave to defend, which was dismissed in default by order dated 27.02.2017. By a subsequent order dated 10.07.2017, the suit was decreed against the defendants. It is the case of the appellant that on 03.12.2018, the appellant was served with the summons from the executing court and it is on this date that he became aware that the application seeking leave to defend had been dismissed. The application also discloses that upon receipt of this notice from the executing court, the appellant contacted the counsel engaged in the matter. The appellant was informed that the counsel had left the law-firm and he was no longer