SRINIVASAN Vs. DHANABAL

JUDGEMENT

(1.) The delay of 1557 days is sought to be condoned in the present civil miscellaneous petition in filing the Appeal Suit. The Appeal Suit was filed against the judgment and decree passed in the O.S.No.185 of 2014 dtd. 16/11/2017.

(2.) The learned counsel for the petitioner mainly contended that the learned counsel appeared on behalf of the petitioner before the Trial Court one Mr.K.Dharmalingham died on 17/12/2020 and therefore, the petitioner is unable to file an Appeal before the Court at Chennai. It is further contended that the said lawyer had not informed about the filing of an Appeal in spite of the fact that the petitioner instructed the counsel to file an Appeal.

(3.) The learned counsel for the respondents objected the said reason by stating that the respondents filed an Appeal Suit in A.S.No.520 of 2018 against the very same judgment and decree in O.S.No.185 of 2014 and the said Appeal Suit, the petitioner herein has already engaged a lawyer, who in turn appeared on behalf of the petitioner. While so, the very reason stated that the lawyer has not informed regarding filing of the Appeal to the petitioner is incorrect and therefore, the reason is false.