GOWRI AND ANR. Vs. C. NANJAN AND ORS.

JUDGEMENT

(1.) This Civil Revision petition is filed against the fair and decretal order dated 07.01.2010 made in I.A.No.74 of 2009 in A.S.SR.No.2439 of 2009 on the file of the Subordinate Court, Udhagamandalam.

(2.) The petitioners are plaintiffs and respondents are the defendants in O.S.No.174 of 2001 on the file of the District Munsif, Udhagamandalam. The petitioners filed the said suit against the respondents for partition. The said suit was dismissed by the judgment and decree dated 13.06.2008. The petitioners filed appeal in A.S.SR.No.2439 of 2009 along with an application in I.A.No.74 of 2009 to condone the delay of 402 days in filing the appeal. According to the petitioners, they are illiterates and from May 2008 onwards, they had temporarily settled at Bangalore. After they came to Ooty and approached their previous counsel, they came to know about the judgment and decree. They did no know that appeal has to be filed within 30 days.

(3.) The second respondent filed counter affidavit and opposed the said application and submitted that the petitioners have not given any valid reason for the huge delay of 402 days.