HAJI MOHAMMED RAFFIQUE Vs. B SIVABAKKIYAM

JUDGEMENT

(1.) THE petitioner/plaintiff has filed this Civil Revision Petition as against the order dated 05.01.2008 in I.A.No.334 of 2005 in O.S.No.143 of 2001, passed by the learned Additional District and Sessions Judge (Fast Track Court No.II), Coimbatore, in dismissing the application filed by the revision petitioner/plaintiff under Section 5 of the Limitation Act, praying to condone the delay of 1108 days in restoring the O.S.No.143 of 2001 to file.

(2.) THE trial Court, while passing orders in I.A.No.334 of 2005, has interalia observed that '...the reason stated that the fact of the transfer from the I Additional Judge, Coimbatore to this Court did not reach the petitioner seems to be unaccepted one, since because whenever the suit is filed, it is the duty of the petitioner/plaintiff to follow up the matter then and there and at the time, the petitioner/ plaintiff has kept silent for more than 1,000 days by not following the continuous proceedings and the Original Suit is very clear and it proves negligence and carelessness of the petitioner/defendant in handling the matter and also the fact that he is not more serious in prosecuting the claim' etc., and resultantly, come to the conclusion that there are no valid and bonafide reasons to allow this application, which is devoid of merits and dismissed the application without costs.

(3.) HE also cites the decision of this Court in Special Tahsildar, Adi Dravidar Welfare, Cheranmahadevi v. S.Sulaiman Syed and Others (2009-1-L.W.769), wherein it is held thus'Though the delay has not been explained in so many words in the present application, Court is of the view that the enhancement as made by the trial Court from Rs.25,260/- to Rs.1,74,977/- per acre needs to be examined in the second appeal - Therefore, in the interest of justice and to enable the petitioner to prosecute the appeal, Court is inclined to condone the delay of 1,539 days in filing the second appeal subject to the following conditions: The petitioner shall deposit the entire Award amount along with upto date interest and cost before the Sub Court, and the petitioner shall also pay a total sum of Rs.10,000/- (Rupees ten thousand only) as cost to the respondents.