CHITRAVEL Vs. JOTHIMANI

JUDGEMENT

(1.) The Plaintiff, who suffered a Decree of dismissal of the Suit for Partition in O.S. No.390 of 2008, filed an Appeal against the said Judgment and Decree, dtd. 10/1/2012 along with an Application to condone the delay of 1757 days in preferring the said Appeal. The First Appellate Court allowed the said Application, as against which the Respondents/Defendants are before this Court, challenging the said Order of the Appellate Court, condoning the delay of 1757 days.

(2.) The grounds raised by the Revision Petitioners are that the delay was inordinate and not supported by bona fide cause; the Respondent has made an allegation against his Counsel only for the purpose of filing the Application for condonation of delay; the delay has not been properly explained and the First Appellate Court has erroneously condoned the delay for irrelevant and extraneous circumstances without assessing the requirements to be shown by an Applicant, who seeks condonation of delay, invoking Sec. 5 of the Limitation Act.

(3.) I have heard Mr. M. Thirunavukkarasu, learned Counsel appearing for the Revision Petitioners and Mr. V. Meenakshi Sundaram, learned Counsel appearing for the Respondent.