BASAPPA Vs. SYNDICATE BANK

JUDGEMENT

(1.) HEARD the learned counsel for the revision petitioner.

(2.) ). This revision petition arises from the judgment and order dated 17-3-1994 passed by the learned Additional Civil Judge, Bidar, in the matter of application under Sec. 5 of the Limitation Act (Misc. Case No. 51/89 ). The present petitioner had been the defendant in O. S. No. 142/85 against whom decree has been passed in the suit vide judgment dated 19-11-1987/21-11-1987. The appeal had been preferred on 28-3-1989. There was a delay of one year four months and eight days. In the affidavit it has been stated that the appellant-applicant who is the present petitioner had been continuously ill and under the treatment from Doctor from 15-11-1987 to 27-3-1989. The applicant had produced the medical certificate of the Doctor. The defendant had also been examined and cross-examined by the learned District Government Pleader on the question whether he was a pauper. It is mentioned in the judgment of the learned Civil Judge that on the matter of condonation of delay no doubt appellant examined himself, but he was not cross-examined by the respondents who remained absent. The revision petitioner i. e. , the appellant also filed the medical certificate at Ex. P. 1. But the Court below rejected the application for condonation of delay opining that he had failed to show that he was not in a position to get the appeal filed in time. Feeling aggrieved from this order, the appellant has come up in revision.

(3.) I have heard Smt. Sharadha, learned counsel for the revision petitioner. None has appeared on behalf of the respondents.