LALLIAMMAL Vs. THULASI

JUDGEMENT

(1.) THIS petition is to condone the delay of 128 days in representing the papers in S.A.S.R.No. 88890 of 2000. An affidavit is filed in support of the petition for condoning the delay in representation. The party has sworn to the affidavit. The reason for the delay in representation is stated as follows:

(2.) FROM the above averments, it is clear that the registry had returned the papers on 23.11.2000. The defects pointed out by the registry are:

(3.) WHEN it is the duty of the counsel to comply with the defects pointed out by the registry, the non -representation of the papers within the time is nothing but the negligence on the part of the counsel. Even for representation of the papers if the party has to ask the counsel and thereafter the counsel has to make the search and trace out the papers in order to represent the same, I am of the view, that the interests of the 'pay master' have not been taken care of properly, since this is nothing short of a negligence on the part of the counsel in not representing the papers within the time. Whatever the right accrued because of this delay to the respondents cannot be lightly treated. Further, the counsel did not even care to file a supporting affidavit as to how the delay has occurred in the representation. Hence, I do not find any reason to condone the delay in representation.