V T SUNDARAMANI Vs. V G KUPPUSWAMY

JUDGEMENT

(1.) THIS intracourt appeal challenges an order of dismissal made by the learned Single Judge of this Court in Application No.5817 of 2008 in C.S.No.528 of 2004 whereby the request of the appellant seeking condonation of delay of 522 days in filing an application to set aside the ex-parte decree dated 14.6.2007, passed in C.S.No.528/2004 was denied.

(2.) THE Court heard the learned Counsel for the appellant and also for the first respondent/caveator.

(3.) ASSAILING the order of the learned Single Judge, the learned Counsel took the Court to paragraph 4 of the affidavit in support of the application wherein the appellant has stated that he was under mental agony since he lost his son in the accident in which the former Prime Minister Rajiv Gandhi was assassinated that his son was a photographer that because of the mental agony he could not carry on his day-to-day affairs properly, and therefore the delay has occasioned, and it is also a suit for recovery of possession that the appellant is in possession of the property for a long time that he also raised a superstructure therein that he came to know about the proceedings only after the service of the E.P. notice that thereafter, he filed the application and the delay has occasioned that the delay was neither deliberate nor wanton that it is a case where the Court has to show indulgence to him by condoning the delay that though all these aspects were brought to the notice of the learned Single judge, they were not appreciated, and hence the appeal has got to be ordered.