HEBRON CHRUCH (REGD) G B J 447/ 4, NEAR WATER TANK MARATHAHALLI, BANGALORE 560037 A RELIGIOUS CHARITABLE TRUST, REPRESENTED BY ITS SECRETARY SRI K. P. VASUDEVAN NAIR, S/O SRI K. K. NAIR Vs. THE SOCIETY OF TRUSTEES OF INDIGENOUS CHURCHES IN INDIA

JUDGEMENT

(1.) MISC . Cvl 10067/10 is filed for condonation of delay of 44 days in filing this appeal. The application is accompanied by the affidavit of the Secretary of the defendant -Church, which is said to be a religious and charitable trust. The reason assigned is that the Secretary, who is the deponent to the affidavit, had met with an accident and thereafter, he had proceeded to Kerala to take care of his ailing mother. Incidentally, it is also stated that the advocate, who was appearing for the appellant had not informed the appellant as to the state of affairs and it is only when the President of the Trust contacted the counsel at a belated point of time, they realised that the suit had been decreed against the present appellant and it is that, which is assigned as the reason for condonation of delay.

(2.) IT is seen that the appellant -Church claims to be a Trust represented by various trustees. The Secretary was merely the correspondent of the Trust Even if he was incapacitated in representing the Church and taking effective step, there were other Trustees who were equally responsible in managing the affairs of the Trust. There are no proper and valid reasons assigned for the inordinate delay. Hence, the application is rejected. Consequently, the appeal also foils and is accordingly, dismissed.