PADMAVATHI Vs. KALU

JUDGEMENT

(1.) This is an application to condone the delay in filing the second appeal. The second appeal was filed on 27-11-1979. The application to condone delay is seen filed on 6-12-1979. The delay is sought to be explained by the original affidavit filed on 6-12-1979 and the additional affidavit filed on 8-2-1980. In the additional affidavit what is stated is that the petitioner was bed - ridden from 15-7-1978 and that she did not know about the dismissal of the appeal on 25-7-1978, that she did not get any communication from her advocate and it was only when she sent her son on 8-11-1979 that she knew about the dismissal of the second appeal. The application for copy made on 9-11-1979 and the copy was obtained on 22-11-1979.

(2.) In the additional affidavit what is stated is that her son who has been helping her is not a person competent enough to look after the affairs of the Court and that in connection with the suit she was depending upon the vakil's clerk.

(3.) No affidavit from the vakil's clerk is seen filed.