I.P.MUKERJI,J. - (1.) We have gone through the application for condonation of delay (CAN 4223 of 2015) as well as the affidavit before the notary public by Tapan Sarkar, erstwhile advocate for the applicant.
(2.) The facts are very conspicuous. The appeal was dismissed for default on 5th January, 2007. It is said that only upon obtaining the certified copy of this order on 11th July, 2014, the applicant came to learn of the dismissal of the appeal.
(3.) Learned Counsel for the applicant says that the entire blame was of his client's erstwhile advocate. He relies on advocates affidavit affirmed on 25th June, 2018 wherein he says that "due to ill health for the last 2 1/2 years" he was unable to attend Court. The advocate says in his affidavit that he had prostate infection at that point of time together with spine trouble and could not " walk freely and even .up and down the stairs.";