SHANMUGAM Vs. EZHUMALAI

JUDGEMENT

(1.) These Civil Miscellaneous Petitions are filed to condone the delay of 1036 and 1121 days respectively in filing the Second Appeals, against the Judgment and Decree in A.S.No.5 of 2009 and A.S.No.34 of 2009 respectively, dated 29.09.2010.

(2.) The plaintiff is the appellant herein. Originally, the plaintiff had filed a Pauper O.P.No.1 of 1999 before the District Munsif Court, Vanur, which was later numbered as O.S.No.64 of 1999 for declaration. The trial Court decreed the suit in favour of the plaintiff with respect to 'A' schedule property and dismissed the suit with respect to 'B' schedule property. Challenging the same, the petitioner/appellant filed A.S.No.34 of 2009 and the first respondent/third defendant filed A.S.No.5 of 2009 before the Sub Court, Tindivanam. By a common judgment dated 29.09.2010, the lower appellate Court allowed the appeal filed by the first respondent / third defendant and dismissed the appeal filed by the petitioner/appellant. Challenging the judgment and decree made in A.S.No.5 of 2009 and A.S.No.34 of 2009, the petitioner/appellant has filed the present Second Appeals with delay.

(3.) It is stated in the affidavit that the lower appellate Court pronounced the Judgment and Decree on 29.09.2010. The copy application was not immediately applied by the advocate clerk and the certified copies of the judgment and decree were made only on 10.02011. It is also stated that he is a permanent resident of Puducherry. He is a daily wager and does not have any permanent source of income. Further, he is aged 62 years and he is the sole bread-winner in the family, and due to ill-health, he could collect the copies of judgment from his counsel only during the end of May 2011. The petitioner handed over the papers to the Legal Aid to present the appeal with the help of his friend during May 2011. However, he was informed by his Counsel that the Courts were closed for summer holidays and asked him to contact in the first week of June 2011. In the meanwhile, he suffered Chickengunia fever and asked his friend to make necessary arrangements to file the appeals. But, all his efforts went to lurch. Later, he came to know that the copies of the judgment and decree were found missing and that the second appeal was not presented. After getting the copy from the lower Court, the Second Appeals were filed with a delay of 1036 and 1121 days respectively. Hence, it is prayed that the delay may be condoned.