D.ANANDHAN Vs. R.KALAVATHI

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed to condone the delay of 247 days in filing an appeal suit against the judgment and decree passed in O. S. No. 36 of 2008 dated 28.2.2018.

(2.) The reasons stated for condoning the huge delay is that the petitioner was admitted in Arupadai Veedu Medical College & Hospital, Puducherry on 19.6.2018, for treatment of ischemic heart disease/chest pain which is known in medical terminology as angina pectoris. However, the date of discharge is not available. The discharge summary issued from the said hospital has also not submitted. Vague statements are made stating that the petitioner is suffering from chest pain for the past more than 2 years. Such a general statement cannot be taken into consideration for the purpose of condoning the huge delay.

(3.) The law of limitation is substantive. These appeals are to be filed within the period of limitation. Condonation of huge delay is an exception. The Courts are bound to condone the delay only by recording reasons. Exercise of discretionary power is to be extended only if the reasons stated in the petition are genuine and acceptable. Certain flimsy or vague reasons cannot be a ground to condone huge delay in preferring an appeal and in allowing such condonation in a mechanical manner, the Court cannot dilute the law of limitation. Undoubtedly, meagre delay can be condoned which is acceptable. However, huge delay cannot be condoned in a routine manner and while exercising the power of discretion, the Courts have to record reasons which must be based on certain sound legal principles and on facts and circumstances.