MUTHUSAMY Vs. PAPPATHI

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 17.12.2013 passed in I.A. No. 89 of 2012 in C.F.R. No. 11197 of 2011 by the learned Subordinate Judge, Sankari.

(2.) The petitioner is the defendant in the suit O.S. No. 173 of 2008 which has been filed by the respondent seeking for recovery of a sum of Rs. 77,645/- together with interest and cost. The said suit was filed based on the promissory note executed by the petitioner in favour of the respondent. The suit O.S. No. 173 of 2008 was decreed on 05.04.2011. Aggrieved by the said Judgment and Decree, the petitioner preferred an appeal. However, there was a delay in the representation of the appeal papers. The petitioner filed I.A. No. 89 of 2012 to condone the delay of 410 days in representing the appeal papers before the Appellate Court viz., the Subordinate Judge, Sankari. The reason given in the affidavit filed in support of I.A. No. 89 of 2012 for the delay in representation is that the petitioner fell ill and he was bed ridden and he was taken to kerala for herbal treatment and hence, he was unable to instruct his counsel and therefore, the bundle concerned got mixed up with other bundles in the office of the petitioner's counsel.

(3.) A counter affidavit was also filed by the respondent in I.A. No. 89 of 2012 in C.F.R. No. 11197 of 2011 denying the averments contained in the affidavit filed in support of I.A. No. 89 of 2012 and stating that no sufficient reasons have been given by the petitioner for the inordinate delay. The Court below by its order dated 17.12.2013 dismissed I.A. No. 89 of 2012 filed by the petitioner on the ground that no sufficient reasons have been given to condone the inordinate delay of 410 days in representing the appeal papers and no documentary evidence has been produced by the petitioner to prove that he was ill and bed ridden and taken for treatment to Kerala. Aggrieved by the dismissal of I.A. No. 89 of 2012 in C.F.R. No. 11197 of 2011, the instant civil revision petitioner has been filed under Article 227 of the Constitution of India.