PARAMAN AND ORS. Vs. KUMARAYEE AMMAL

JUDGEMENT

(1.) THE first Appellate Court dismissed the application filed by the petitioners to condone the delay in preferring the appeal. Feeling aggrieved by the said order, the petitioners are before this Court.

(2.) HEARD the learned counsel for the petitioners and the learned counsel appearing on behalf of respondent.

(3.) THE petitioners filed an appeal before the Principal Subordinate Court, Dindigul, along with an application to condone the delay of 1773 days. The learned Appellate Judge calculated the delay right from the date of ex -parte judgment, notwithstanding the fact that the petitioners are entitled to deduct the period during which the copy application was pending, which was ultimately struck off from file.