1. In this CMP, which is supported by an affidavit, a prayer has been made by the petitioner / defendant that the delay in entering his appearance in the Court upon a summons received by him under O.37, C.P.C. be condoned in his favour, inter alia, on the following grounds: -
(1) That he was served on 3rd Dec., 1986, at New Delhi.
(2) That he sent his power of attorney and other relevant papers to his Advocate for appearing and defending the case at Srinagar.
(3) That his Advocate received the power of attorney and other papers on 17th Dec., 1986, and the delay in receiving the papers was caused due to bad weather.
(4) That in the said circumstances, the application for leave to enter appearance and to defend the suit could not be filed within the prescribed period.

2. The respondent plaintiff has resisted the petition, inter alia, on the following grounds: -
"(1) That in the petitions the defendant has averred that he got the notice and the copy of the plaint and the documents on 3rd Dec., 1986. This is a lie. The acknowledgment receipt on the file would show that the notice has been received on 29th Nov., 1986. The averment to the contrary is mala fide. R.3(2) of O.XXXVII (as amend