JUDGMENT

Amitav K Gupta, J. – I.A. No.4758 of 2016

1. This interlocutory application has been filed under Section 5 read with Section 14 of the Limitation Act, 1963 for condoning the delay of 396 days in preferring the present revision.

2. It is submitted by the learned counsel that against the judgment and decree of the learned trial court the petitioner, due to wrong advise of the counsel, preferred appeal under Section 96 of the Code of Civil Procedure before the District Judge being Eviction Appeal No.5 of 2015. That in course of hearing the lower appellate court vide order dated 28.05.2016 dismissed the appeal as not maintainable. That after obtaining certified copy of the said order the petitioner came and met his counsel on 25.06.206 in the High Court whereafter the counsel advised the petitioner to file the present revision. That the delay in filing the revision occurred due to preparation of the draft and the time taken in obtaining and collecting the documents.

It is submitted by the counsel that there is no deliberate or intentional laches on the part of the petitioner rather it is due to wrong advise of the counsel that he had preferred the appeal. It is prayed that if t