JUDGMENT : P.N. Bhagwati, J. - We are of the view that having regard to the facts and circumstances of the present case the application for condonation of delay in filing Second Appeal should have been allowed by the High Court and hence we allow the appeal, set aside the order passed by the High Court rejecting the application for condonation of delay and dismissing the Second Appeal as having abated, and remand the Second Appeal to the High Court, so that the High Court may dispose it of in accordance with law on the basis that the delay in preferring the second appeal has been condoned. Since the case is a very old one, the High Court will dispose of the Second Appeal as early as possible and in any event not later than four months from today. There will be no order as to costs. Appeal allowed.