O R D E R

This petition has been filed under Section 5 of the Limitation Act to condone a delay of 4,622 days in filing the Second Appeal.

2. The brief facts of this case are as follows:-

(a) The respondent herein filed a suit in O.S. No. 243 of 2006 seeking a declaration of title and a permanent injunction. By order dated 17.09.2007, the suit was dismissed.

(b) Before the trial Court, the defendant–Government did not file a written statement and was set ex parte.

(c) Aggrieved by the said order, the unsuccessful plaintiff filed A.S. No. 54 of 2008 before the Principal District Court.

(d) Before the First Appellate Court, the respondent appears to have filed I.A. No. 352 of 2010 seeking permission to adduce evidence and to submit an additional statement and documents filed along with the said petition. By order dated 09.11.2010, the petition was allowed.

(e) The written statement filed by the defendant–Government was taken on file. Despite filing the written statement.

(f) In the appeal, after allowing I.A. No. 352 of 2010, the defendants were permitted to file a written statement and to adduce both oral and documentary evidence was permitted. Accordingly, D.W.1 was examined, and Exhibit