RAJAMANI Vs. CO OPERATIVE SUGARS LTD

JUDGEMENT

(1.) THE application is for condoning the delay of 412 days in filing the appeal. THE appellant was the defendant in the suit which was dismissed. THE plaintiff-respondent herein filed an appeal against that after a delay of 412 days and the appellant appeared though Mr. V. C. Palaniswami, for opposing the application to excuse the delay. THE delay was however condoned and the appeal was admitted and finally it. was disposed of on 21st July, 1980, in which the petitioner-appellant was shown to be ex parte. THE grievance of the appellant is that the name of the counsel did not appear in the list when the appeal was listed for hearing with the result the appellant could not contest the said appeal when it was taken up for final disposal. THE appellant came to know about the result of the appeal when he received the notice on 13th August, 1981, about the execution proceedings. He came to Madras soon thereafter, that is, on 22nd August, 1981, and applied for a certified copy of the judgment in the appeal.

(2.) THEREAFTER, he filed an application for rehearing the appeal on the ground that his counsel�'s name was not printed in the list. That application filed on 29th October, 1981, was dismissed on 17th November, 1981. Consequently, the appellant filed the present appeal on 19th November, 1981, along with the present petition to excuse the delay in filing the above appeal.

(3.) THERE is no undue delay in filing the application for certified copy as the petitioner immediately after coming to know of the ex pane order, came to Madras for the said purpose. We are satisfied that the petitioner-appellant has shown sufficient cause for the delay in filing the appeal and we accordingly condone the delay in filing the appeal.