RAMAKRISHNAN Vs. ELEMENTARY EDUCATION OFFICER

JUDGEMENT

(1.) THE civil revision petitioner is the plaintiff before the trial court in O. S. No. 119 of 1998 on the file of the District Munsif Court, Thiruthuraipoondi.

(2.) THE trial court passed the decree on 21. 9. 2001 dismissing the suit. Challenging the same, the petitioner/plaintiff had to prefer an appeal within the stipulated period. It appears that there was a delay in filing the appeal and hence the civil revision petitioner filed I. A. No. 16 of 2002 before the Sub Court, Thiruvarur praying to condone the delay of 22 days in filing the appeal. The reason assigned by the civil revision petitioner/plaintiff before the Sub Court was that, he could not file the appeal in time for the reason that during the second week of October 2001, he was not well and therefore, he went to the Doctor and took treatment. After getting himself treated to certain extent, in the first week of November 2001, he met his lawyer and made arrangements for preferring the appeal and in that process, there is a delay of 22 days in preferring the appeal and that the said delay has not occurred on account of his indifferent attitude.

(3.) A counter was also filed by the first respondent herein before the learned Sub Judge, Tiruvarur, wherein it is specially stated that the civil revision petitioner has not assigned any explanation for each and every day's delay in the affidavit filed by him and only to drag on the proceedings, the appeal has been filed with a mala fide motive and hence the petition has to be dismissed.