J VENKATESH Vs. S VENKATRAMAN

JUDGEMENT

(1.) THIS petition is filed to condone the delay of 363 days in filing the O.S.A.

(2.) MR.N.Maninarayanan, learned counsel for the petitioner contended that the O.S.A. was filed on 30.11.2000 within the limitation period. However, the certified copy of the decree was not filed along with the papers in O.S.A. under the impression that the said copy is not necessary. When the Registry returned the papers, realising the mistake, the petitioner applied for the certified copy of the decree on 12.7.2001, which was made ready on 13.7.2001, and thus the delay of 363 days occurred. The delay is neither wanton nor willful, but under the bona fide impression that the certified copy of the decree is not necessary for filing the O.S.A.