Hon’ble Dilip Gupta, J.—The Kanpur Development Authority, Kanpur (hereinafter referred to as the ‘Development Authority’) has filed this application under Section 5 of the Limitation Act, 1963 (hereinafter referred to as the ‘Act’) for condoning the delay of two years and 305 days in filing this Second Appeal.

2. In support of the application, an affidavit has been sworn by Sri S.K. Jaiswal Joint Secretary (Legal) in the Development Authority and the reasons given for condoning the delay in filing the Second Appeal have been mentioned in paragraph 3 of the affidavit. It has been stated that First Appeal No. 286 of 1998 out of which the present Second Appeal arises was pending in the Court of District Judge, Kanpur Nagar. The Officer on Special Duty by the office note dated 3rd May, 2001, directed the Suit Clerk of the Development Authority to give the status of the aforesaid First Appeal and by the office note dated 5th May, 2001 it was brought to the knowledge of the Officer on Special Duty that the Suit Clerk had informed the Development Authority, on the basis of the information received from the Clerk Kedar Ji of the panel lawyer of the Development Authority Sri Vishal K