SIGAPPIAMMAL Vs. NATARAJAN POOSARI

JUDGEMENT

(1.) This civil revision petition has been filed against the order, dated 13.3.2009, made in I.A.No.276 of 2007, in the unnumbered appeal suit, on the file of the Subordinate Court, Sivagangai.

(2.) It has been stated that the petitioner in the civil revision petition had filed a suit, in O.S.No.97 of 2004, on the file of the District Munsif Court, Sivagangai, for recovery of money, based on a promissory note. The said suit had been dismissed by the trial Court, on 25.10.2004. Challenging the judgment and decree of the trial Court, dated 25.10.2004, the petitioner herein had filed an appeal suit before the Subordinate Court, Sivagangai, with the delay of 779 days in preferring the said appeal.

(3.) It has been stated that the petitioner, who is 72 years old, was under going treatment for arthritis and knee pain from a local doctor and therefore, she could not approach her advocate in time, to prefer the appeal. Though she had applied for a copy of the judgment and decree of the trial Court, dated 25.10.2004, on 20.11.2006, the same had been issued only on 31.1.2007, resulting in the delay in the filing of the appeal.