GNANASAMBANDAM Vs. GANDHI

JUDGEMENT

(1.) The civil miscellaneous petition is filed to condone the delay of 473 days in filing the appeal suit against the Judgment and decree dated 09.07.2018 passed in O.S.No.111 of 2014 on the file of learned II Additional District Judge, Puducherry.

(2.) The petitioner has stated the reasons in paragraph Nos.1 and 2, wherein it is contended that he was a senior citizen and diabetic patient and he met with a minor accident, which resulted in fracture in the right ankle and he did not feel the pain of fracture due to his uncontrolled diabetic. On verification of the plaint, it shows that the petitioner was aged about 55 years, at the time of filing of the suit in the year 2014.

(3.) In paragraph No.2 of the affidavit, it is further stated that the learned counsel who appeared before the trial Court did not inform the petitioner about the pronouncement of the judgment and he came to know of the delivery of the judgment during December 2019, when the sale notice was affixed in his residence in EP proceedings in E.P.No.429/2018. Thereafter, the petitioner enquired about the judgment with the learned counsel who appeared before the trial Court. If at all there is any misconduct in this regard and if the statement of the petitioner is genuine in this aspect, it is left open to initiate appropriate action against all such respondents for such negligence or lapses. Contrarily, by stating these reasons, the court cannot condone the enormous delay. Law of limitation is substantial. Thus, power of discretion to be exercised cautiously. While exercising the power of discretion always the Court should kept in mind that the reasons must be recorded for such exercising discretionary power. Thus, routine approach in condoning the delay cannot be adopted. Undoubtedly, to condone the delay, a liberal approach is required. However, such liberal approach is undertaken by considering the reasons and circumstances established by the parties who are all seeking such condonation of delay. Therefore, it is not as if delay cannot be condoned. It could be condoned, however, on certain candid and convincing reasons and not otherwise. This being the principles to be followed, this Court is of the opinion that the huge unexplained delay of 473 days is to be construed as a uncondonable delay and such uncondonable delay cannot be condoned in the absence of any valid reason.