1. In the affidavit of the petitioners/plaintiffs advocate, the following averments are found:

1.(i) The junior advocate of the plaintiffs counsel affirms that the suit bundle was returned for some corrections from the Court, however, the bundle mingled with other bundles in the advocates office and hence he could not represent in the court in time, therefore, 1573 days delay has occurred in representing the petition, which may be condoned.

2. In the counter filed by the first defendant/first defendant, it is stated as below:

2. (i) The petition is not maintainable which is liable to be dismissed in limini. The alleged reasons stated by the petitioner is not at all valid to condone the delay of 1573 days. It is not correct to state that the bundle got mingled with other bundles in the advocate office and the person who has filed the affidavit is not having vakalat in the suit. There is no merit in the petition and the petition has to be dismissed.

3. The following are the allegations contained in the counter filed by the fifth respondent/defendant:

.3. (i) The petition is not maintainable. The petitioner is put to strict proof of the allegations found in the affidavi