LAWS(MAD)-2023-2-169

CHITRAKALA Vs. SATHYANARAYANAN

Decided On February 10, 2023
CHITRAKALA Appellant
V/S
Sathyanarayanan Respondents

JUDGEMENT

(1.) The Civil Miscellaneous Petition is filed to condone the delay of 1177 days in filing the First Appeal, challenging the order dtd. 30/9/2016 made in O.S.No.1 of 2011 on the file of the II Additional District Judge, Thiruvallur @ Poonamalle.

(2.) The reason stated by the petitioner is that her husband was ill and he requires consistent medical attention. Thus, the petitioner was not in a position to contact her counsel and file the appeal suit. Further, it is stated that the learned counsel, who handled her case had fallen ill and therefore, she had to consult another lawyer for filing an appeal. However, such reasons are not substantiated and the petitioner has not filed any document or evidence to establish the said facts.

(3.) Merely stating certain reasons in the affidavit would be insufficient to condone the enormous delay in filing the appeal suit. No doubt, the Courts can take a lenient view in respect of meagre delay and if the delay is longer, then the reasons must be sufficient enough to condone the delay and the Courts are not expected to condone the long delay in a routine manner.