ADI LAKSHAMMA Vs. SUBBARAYAPPA

JUDGEMENT

(1.) This is an appeal against the order of the lower appellate Court dismissing the regular appeal on the ground that it is barred by time and refusing to condone the delay of one day in filing the appeal. The appeal ought to have been filed on 20-12-48, but was filed on the next day.

(2.) According to the affidavit filed by the appellant, she started from Manchenahalli on 20-12-1948, the last day on which she could have filed the appeal, to go to Kolar for that purpose. She could not however catch the first bus as there was already some rush of passengers bound for Bangalore, viz., Chick-ballapur on account of the visit of Pandit Nehru, a few days later. She caught the next bus and came to Chickballapur. By the time she went to Chickballapur, all the buses that go to Kolar from that place had already loft: as such she had to go to Kolar on the next day and file the appeal. The learned Subordinate Judge refused to condone the delay of one day and. dismissed the application filed for condonation of the delay. The appeal was dismissed as barred by time.

(3.) It must be remembered that when discretion is exercised by the lower Court the appellate Court does not ordinarily interfere with the decision of the lower Court. As observed in -' Thimme Gowda v. Kemparasa', 10 Mys LJ 117 (A).