JAYARAM Vs. SRI. Y.M. NARASAPPA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 24.02.2007 passed by the XXIV Additional City Civil Judge, Bangalore in O.S. No. 2164/2003 dismissing the suit filed by original plaintiff therein viz., Jayaram. The appellants claiming to be the legal representatives of original plaintiff, Jayaram have filed this appeal and they are seeking permission to prosecute this appeal and have also sought for condonation of delay of 1861 days in filing this appeal. According to the appellants, the original plaintiff Jayaram was a wayward person and he did not prosecute the suit diligently, as a result, the suit came to be dismissed and though he lived for about four years after the date of judgment he did not choose to file an appeal and only after the death of the original plaintiff, the present appellants came to know of the dismissal of the suit and they took steps to file this appeal.

(2.) ACCORDING to the appellants, they had no knowledge of the pendency of the suit as well as the dismissal of the suit and it was only after the death of the original plaintiff they came to know about the litigation.