E SEETHARAMA REDDIAR Vs. S JAYARAMAN

JUDGEMENT

(1.) There was no representation, when the matter was taken up by this Court. Heard the learned Counsel for the petitioner.

(2.) What is challenged herein is an order of the learned Subordinate Judge, Kulithalai allowing an application to condone the delay of 41 days in preferring an appeal.

(3.) It was a suit filed by the petitioner herein for recovery of possession and other reliefs. It was contested by the respondent herein. But, the suit was decreed in favour of the petitioner. Aggrieved respondent/defendant has preferred the instant appeal. But, while doing so, there was a delay of 41 days. The reason that was adduced by the defendant/appellant was that he was absent at Australia, and hence, he could not know the final proceedings in the suit; that after his return from abroad, he came to know about the same, and in such circumstances, there was delay of 41 days in filing the appeal, and hence, he has filed the instant application to condone the said delay.