M.V.GOPAL Vs. N.RAJAPPAN

JUDGEMENT

(1.) The Civil Miscellaneous Petition in CMP.No.8358 of 2018 is filed to condone the enormous delay of 958 days (3 years) in filing the appeal suit against the judgment and decree dated 01.06.2015 passed in O.S.No.8/2014 on the file of the Principal District Judge, Krishnagiri.

(2.) The petitioner states that the respondent instituted a suit in O.S.No.8/2014, seeking the relief of specific performance. It is admitted by the petitioner that he had engaged a counsel and filed a written statement as a result. The learned counsel also followed the case. However, an exparte decree was passed on 01.06.2015 on account of the non appearance of the parties. Thereafter, the petitioner filed an application to set aside the exparte decree on 22.06.2015 and the same was also allowed on payment of cost on 11.09.2015. Subsequently, due to the non payment of cost, the said application was also dismissed on 25.09.2015 in I.A.No.202/2015. The petitioner states that the factum of non- payment of cost and the dismissal of the application was not informed to him and meantime, he suffered an illness on account of various problems and he was paralysed. He was concentrating on his health issues and was bedridden for long time. He has taken treatments in various hospitals. Subsequently, the respondent has filed R.E.P.No.15 of 2017 for execution of the sale deed pursuant to the exparte decree passed in O.S.No.8/2014. The petitioner requested his learned counsel to take appropriate steps to save his property. However, an application was filed on 10.04.2018, after a lapse of 3 years from the passing of decree for the purpose of obtaining certified copy of the decree and judgment and thereafter, he filed a suit before this Court. Thus, there is a delay of 958 days in filing the appeal suit before this Court.

(3.) The learned counsel appearing on behalf of the respondent disputed the contentions by stating that the delay is willful and therefore, cannot be condoned. The huge delay of about 3 years cannot be condoned without assigning any valid reason.