SIDDALINGAIAH S/O SIDDARAMAIAH Vs. SRI AHMED KHAN

JUDGEMENT

(1.) HEARD on Misc. Cvl. 12533/2009.

(2.) MISC . Cvl. 12533/2009 is an application filed under Section 5 of the Limitation Act praying to condone the delay of 642 days in filing the appeal. The application is annexed with an affidavit of the appellant.

(3.) THE affidavit of trial Court Advocate is not annexed with medical certificate to establish that he was suffering from any such serious illness and that he could not approach the Advocate till April 2009. According to the appellant, he collected the judgment copy in the month of May 2008, but the present appeal came to be filed on 13.7.2009. The averments of the affidavit is self serving to suit the case of the appellant. He has not given the necessary details. In other words, it is not stated in the affidavit as to when did he meat his trial Court Advocate last to enquire about the case after he gave evidence in the claim petition. Further, there is no mention in the affidavit as to when did he give instruction to file copy application and pay the copying charges. In my view, the appellant hat not shown sufficient cause for condoning the inordinate delay of 642 days in filing the appeal. There is no merit in the appeal.