S AROKIASAMY Vs. M SAMPOORNAM

JUDGEMENT

(1.) THE revision petitioner/defendant/appellant has filed this present civil revision petition as against the order dated 24.10.2007 made in I.A.No,26 of 2007 in numbered appeal suit of 2007 passed by the learned Principal District Judge, Vellore in dismissing the application filed by the petitioner under Section 5 of the Limitation Act praying to condone the delay of 63 days in preferring the appeal.

(2.) THE appellate Court, while passing orders in I.A.No,26 of 2007 has among other things observed that the revision petitioner was suffering from Jaundice and taking rest is only skeleton evidence with proof and substantial material for the delay caused and as per the dictum of the Honourable Supreme Court, each and every day delay has to be properly, aptly and transparently to be explained. But there is no proper, sufficient and apt reasons mentioned in the application to condone the delay of 63 days in preferring the appeal and resultantly dismissed the said application without costs.

(3.) THIS Court has heard the submissions of the revision petitioner and noticed the same.