Heard learned counsel, Mr. S Mahajan for the appellant petitioners and learned counsel, Mr. BN Majumdar for the respondentO.P.

2. By filing this petition, the petitioner prayed for condoning the delay of 115 days in preferring the connected second appeal.

3. It is submitted that the judgment of the first appellate court was pronounced on 28.03.2016 and the decree was prepared on 07.04.2016. The appellant-petitioners applied for certified copy of the judgment and decree on 04.04.2016 and got it on 10.05.2016. From 10.05.2016 to 24.06.2016 time was taken to obtain view of the learned conducting lawyer about filing of the appeal. Thereafter, the appellant-petitioners entrusted another learned counsel, Mr. A.L. Saha to conduct the case on 28.07.2016.

4. After going through the records, Mr. Saha found that some relevant records were not available and so again he instructed the appellant-petitioners to obtain certified copy of some records and accordingly an application was made for certified copy on 28.09.2016 and those were received on 24.11.2016 and thereby there was a total delay of 242 days from the date of judgment.

5. It is submitted by Mr. Mahajan that there was no negligence