SURESH KUMAR Vs. VIJYAKUMARI, W/O. MAHESAN

JUDGEMENT

(1.) THE second appeal arises from the judgment and decree of learned District Judge, Pathanamthitta in A.S.No.49 of 1999. That appeal arose from the preliminary decree for partition passed by the learned Sub Judge, Thiruvalla in O.S.No.38 of 1997. The appeal was presented with a delay of 61 days. Learned District Judge held that the delay is not properly explained and dismissed I.A.No.542 of 1999. Following that, the appeal was dismissed as time barred.

(2.) THE substantial question of law framed for a decision is

(3.) THE trial court passed the preliminary decree on 19.11.1998 and as the learned counsel submits, appellant applied for a copy of the judgment and decree on 29.11.1998. It is submitted that the copy of judgment and decree were delivered to the appellant on 05.04.1999. The summer vacation for the civil courts started on 09.04.1999. The courts re-opened on 22.05.1999. The appeal was presented before the learned District Judge on 04.06.1999.