SELVAGANAPATHY Vs. MURUGAN

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed to condone the delay of 1151 days in filing the Appeal Suit against the judgement and decree dated 26.03.2014 in O.S.No.35 of 2010 on the file of the District Judge, District Court - II, Kanchipuram.

(2.) The petitioner states that the delay in filing the Appeal Suit is neither willful nor wanton and on account of certain genuine grievances. The learned counsel appearing on behalf of the petitioner urged this Court by stating that the petitioner was financially suffering and he was not in a position to pay the Court Fee, to be paid for filing the Appeal Suit. He was in a bad condition and was residing in a small tenement for rent and under these circumstances, he had to spent money for the Education of her daughter and therefore, he was not in a position to pay the Court Fee for filing the Appeal Suit. This apart, it is pleaded that the petitioner was unaware of the result in the suit and there was a delay on the part of the counsel who communicated the same and for that reason also he could not be able to approach this Court for filing an Appeal Suit.

(3.) The learned counsel appearing on behalf of the petitioner made a submission that the family condition of the petitioner is to be considered for the purpose of condoning the delay of 1151 days in filing the Appeal Suit.