AMMASAYAMMAL Vs. R.RAMASAMI

JUDGEMENT

(1.) This Miscellaneous Petition is filed to condone the delay of 647 days in filing the appeal suit against the judgment and decree passed in O. S. No. 14 of 2001 dated 28. 10. 2002 on the file of the Additional District Judge cum Fast Track Court - I, Erode.

(2.) The learned counsel appearing on behalf of the petitioner contended that the Trial Court without proper appreciation of the grounds raised by the petitioner, dismissed his suit on 28. 10. 2002. The petitioner filed I. A. No. 71 of 2003 was also dismissed on 27. 02. 2004. The petitioner states that he was pursuing the Review Petition and therefore, she could not able to take immediate steps for filing an Appeal Suit against the dismissal of the suit on 28. 10. 2002. It is further stated that during the pendency of the review petition, the husband of the petitioner was seriously ill and i. e. , also a reason for delay in filing the Appeal Suit.

(3.) This Court is of the considered opinion that the Appeal Suit was filed on 10. 12. 2004 and even now some of the respondents have not been served and steps were not taken to implead the other legal heirs also. This apart, the delay is also enormous and the reasons stated for condonation of delay is neither candid nor convincing. Long delay cannot be condoned in mechanical and routine by the High Courts.