NAGAPPAN Vs. RATHINA GOUNDER

JUDGEMENT

(1.) This petition is filed to condone the delay of 3234 days in filing the second appeal in SA.SR.No.92032 of 2015.

(2.) It is submitted by the learned counsel for the petitioners that this Second Appeal is filed against the judgment and decree of the Additional District and Sessions Judge, Fast Track Court No.II, Tindivanam in A.S.No.10 of 2009 confirming the judgment and decree of the Additional District Munsif, Tindivanam in O.S.No.70 of 2004.

(3.) This Second appeal was filed on 30/10/2015, after the expiry of appeal time. There is a delay of 3234 days in filing the appeal. Appellants could not get relevant documents from the counsel engaged before the Lower Court. On 7/5/2013, a legal notice was sent to the counsel seeking the return of partition koor chit dtd. 29/7/1992 and the sale deed. Counsel replied on 18/5/2013 stating that he was not in possession of those documents and will return the same, if he finds them. In October 2015, the counsel's office called and handed over the documents. Immediately the appeal is filed. The delay is neither willful nor wanton. Therefore, the delay has to be condoned, and the suit has to be remanded to the Trial Court for fresh trial based on these documents.