P. RAMAKRISHNAN Vs. P. ALAMELU

JUDGEMENT

(1.) This Miscellaneous Petition is filed to condone the delay of 248 days in filing the appeal suit against the judgment and decree passed in O.S.No.46 of 2016 dated 16.12.2018.

(2.) The suit was instituted for a partition and declaration and the suit was decreed allotting shares to the respective parties to the suit. The appeal suit is filed with a huge delay and the learned counsel appearing on behalf of the petitioner made a submission that the copy application was filed very much in time and the judgment and decree dated 16.12.2018 was also received by the Trial Court Advocate. However, the learned Trial Court Advocate had failed to inform the same to the petitioner and therefore the petitioner could not able to receive the copy of the judgment and decree for the purpose of contacting the counsel in Chennai and to file appeal suit.

(3.) This Court is of the considered opinion that delay, if enormous, is to be explained properly. The Courts cannot condone the delay in a routine manner as the law of limitation is substantive law. The Rule is to file appeal suit within the period of limitation.