T.NATARAJAN Vs. SRIVARI HOUSING AND CONSTRUCTION LTD.

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed to condone the delay of 800 days in filing the appeal suit against the judgment and decree passed in O. S. No. 11 of 2006 dated 03. 06. 2013.

(2.) The learned counsel appearing on behalf of the petitioner vehemently contended that the delay is not willful. The reasons stated for such huge delay of 800 days in filing the appeal is that suit was dismissed on 03. 06. 2013 and the counsel appeared on behalf of the petitioner before the Trial Court died on 18. 12. 2012. In view of the death of the learned counsel appearing on behalf of the petitioner before the Trial Court, there was a delay in collecting the papers and hand over the same to other counsel for the purpose of filing the appeal. Thus, the delay is neither willful nor wanton and only on account of the death of the counsel who appeared before the Trial Court.

(3.) This Court is of the considered opinion that the very fact that the learned counsel appearing on behalf of the petitioner before the Trial Court died on 18. 12. 2012 and the suit was decreed on 03. 06. 2013 reveals that even during the pendency of the civil suit before the Trial Court, the counsel died and some other Advocate represented thereafter and concluded the civil suit. Therefore, the reason stated that the death of the counsel appeared before the trial Court cannot be accepted at all. Even the counsel died on 18. 12. 2012, as per the petitioner, the suit was decreed on 03. 06. 2013 after a lapse of 6 months. This being the factum, the reasons are not genuine and cannot be accepted.