V.NARASHIMMAN Vs. CHAKARAPANI

JUDGEMENT

(1.) The Miscellaneous Petition is filed to condone the delay of 515 days in filing the appeal suit, against the judgment and decree passed in O. S. No. 14 of 2009.

(2.) The reasons stated in the affidavit for condoning the huge delay of 515 days by the petitioner is that the suit was partly decreed on 23. 12. 2010 and the same was intimated to the petitioner by his Advocate. Immediately, the petitioner's Advocate applied for the certified copy of the judgment and decree on 03. 01. 2011 and the copy was made ready on 19. 04. 2011 and the same was delivered on 20. 04. 2011. After getting the certified copy of the judgment and decree, the Clerk of the petitioner's Advocate contacted the petitioner and misinterpreted that the suit is decreed with regard to item No. 4 and the suit has been dismissed and with regard to item No. 1.

(3.) In view of the fact that the Advocate's Clerk has misinterpreted the judgment and decree, the petitioner was unable to prefer an appeal suit immediately.