STATE OF KERALA Vs. M M YACOB

JUDGEMENT

(1.) THIS appeal by the State of Kerala, with an application for condonation of delay of 1261 days, is against the decree awarding damages for alleged acts of government servants in relation to removal of the bunk shop of the plaintiff, the first respondent. We have heard learned Government Pleader, the learned counsel for the plaintiffs and the learned counsel for the corporation in extenso on the merits of the appeal and on the plea that the delay is to be condoned.

(2.) OPPOSING the application for condonation of delay, the plaintiff has filed counter affidavit pointing out, among other things, that he who sued as an indigent was proceeded against under the Revenue Recovery Act for realisation of the court fee payable in the suit and such action having been taken, the Government officials cannot plead ignorance of the judgment of the trial court. This plea is taken in opposition to the stand of the Government that the certified copy of the judgment was not available in time with the officers to enable the filing of the appeal within the period prescribed. Having bestowed our anxious consideration on that aspect of the matter, we are satisfied that there is sufficient cause to condone the delay in institution of this appeal. However, we thought it fit to examine whether there is any merit in the appeal, having also due regard to the delay.