MATHEW KURUVILLA Vs. RAJAGOPALA IYER

JUDGEMENT

(1.) In this civil revision petition, Mr. M. S. Kurien, learned counsel for the appellant in C. M. P. 1106/1963, on the file of the District Court, Alleppey, who is the petitioner herein, challenges the order of the learned District Judge dismissing the application filed under S.5 of the Limitation Act for excusing the delay in the presentation of the appeal before that court by six days.

(2.) The petitioner had filed an application in the first court claiming relief under Act 31 of 1958 and being dissatisfied with the relief so obtained wanted to seek the order modified, if h; can, by filing A. S. 334/63.

(3.) In the appeal there was no controversy that both the applications were filed beyond the period of limitation and that there was a delay of six days. The reason for the delay given by the petitioner was that he was having skin disease and for that purpose he had gone from his village to another village, namely, Kurinji, and he was having treatment in that village under Pw. 5 from 23-5-1963 to 23-6-1963. According to him, after coming back to his village, he contacted his counsel on 24-6-1963 when he was informed that the time for filing the appeal is also elapsed and therefore the appeal along with an application to excuse delay was filed on 25 6 1963.