M.ARJUNAN Vs. H.KRISHNAVENI @ VANIBAI

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed to condone the delay of 573 days in filing the Appeal Suit against the judgment and decree passed in O.S.No.2538 of 2012 on the file of the VI Additional Judge, City Civil Court at Chennai.

(2.) The defendant Nos. 1, 2, 4, 5, 6, 9 and 10 are the appellants in the Appeal Suit. The learned counsel appearing on behalf of the petitioners/appellants made a submission that the delay in filing the Appeal Suit is neither willful nor wanton and on account of the reason that the Trial Court counsel passed away during the pendency of the suit. Except the said reason, the other contentions in the affidavit filed in support of the Miscellaneous Petition reveals the facts on merits which is unconnected as far as the condonation of delay is concerned. As far as the delay condonation is concerned, the Court has to examine whether there is sufficient cause for condoning the enormous delay of 573 days in filing the above Suit. The rest of the contentions on merits deserves no consideration as the Miscellaneous Petition itself is to condone the delay.

(3.) The learned counsel appearing on behalf of the petitioner/ appellant made a submission that on account of the sudden death of the learned counsel appeared before the Trial Court on 14.03.2016, the petitioners/appellants were unaware of the developments took place in the suit and therefore, the delay has to be condoned on that ground.