LAWS(MAD)-2009-7-530

PAVAYAMMAL Vs. S N CHOCKALINGAM

Decided On July 28, 2009
PAVAYAMMAL Appellant
V/S
S.N. CHOCKALINGAM Respondents

JUDGEMENT

(1.) THE revision petitioners/petitioners/defendants have filed this civil revision petition as against the order dated 4.9.2007 in I.A. No. 222 of 2006 in unnumbered A.S. passed by the learned first Additional District Judge, Erode in dismissing the application filed by the revision petitioners under Order 41 Rule 3(A) of Civil Procedure Code praying to condone the delay of 721 days in preferring the appeal.

(2.) THE trial court, while passing orders in I.A. 222 of 2006 dated 4.9.07, has opined that "the first revision petitioner/first appellant has not proved by way of documentary evidence in regard to the fact that he has been ill for three or four months and further that the said application has been filed only to protract the proceedings as long as possible and consequently dismissed the application.".

(3.) IT is to be borne in mind that in the affidavit in I.A. No. 222 of 2006 filed by the first revision petitioner it is mentioned that "after her evidence in the suit she had returned back to her house and expected a Judgment from the Court and in the meantime, due to old age and suffering from fever she has been forced to take treatment for about three to four months and only in the 4th week of June 2004 she met her counsel and enquired about the position of her case etc.