Sabyasachi Bhattacharyya, J.:

1. The present appeal arises out of an order whereby an application for condonation of delay in filing a petition under Order IX Rule 9 of the Code of Civil Procedure (in short “the Code”), for restoration of a probate proceeding, was dismissed and, consequentially, the petition under Order IX Rule 9 was also dismissed.

2. It transpires that a probate application was filed by the original propounder/executrix which turned contentious subsequently. However, thereafter the probate proceeding was not being contested seriously. In the meantime, during the stage of adduction of evidence, the probate suit was dismissed for default on November 7, 2019 due to non appearance on behalf of the propounder.

3. Learned senior counsel appearing for the appellants submits that although certain averments have been made in the application under Section 5 of the Limitation Act which touch upon the conduct of the erstwhile Advocate of the executrix, such allegations are not of such a serious nature.

4. That apart, it is candidly submitted that in the event the court is so pleased, the appellants are willing to dilute such allegations and/or take back the same and take the