S. JAYAVELU Vs. K. MUNIYAMMAL

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 06.02.2014 passed by the learned Principal District Judge, Tiruvannamalai in I.A. No. 58 of 2008 in unnumbered A.S. of 2008.

(2.) The petitioner is the defendant in the suit O.S. No. 343 of 2000 filed by the respondent seeking for recovery of a sum of Rs. 1,42,710/- together with interests and costs based on mortgage deed executed by the petitioner in favour of the respondent. The said suit O.S. No. 343 of 2000 WAS decreed in favour of the respondent on 11.10.2006. Aggrieved by the said judgment and decree, the petitioner preferred an appeal. As there was a delay of 648 days in filing an appeal, I.A. No. 58 of 2008 was filed by the petitioner in unnumbered A.S. of 2008 seeking to condone the said delay.

(3.) The reason given in the affidavit filed in support of I.A. No. 58 of 2008 is that the petitioner was suffering from Jaundice and was taking country treatment to cure his illness. A counter affidavit was also filed by the respondent in I.A. No. 58 of 2008 in unnumbered A.S. of 2008, denying the allegations made by the petitioner in I.A. No. 58 of 2008.