THULASI Vs. DHANALAKSHMI

JUDGEMENT

(1.) THIS revision is directed against the order passed by the Principal Judge, City Civil Court, Madras in C.M.P.No.2080 of 1987, allowing the petition and condoning the delay in filing the copy application and consequently the delay of 162 days in filing appeal.

(2.) THE facts which are necessary for the disposal of the revision can be briefly stated as follows: THE respondent herein filed the suit O.S.NO.5418 of 1984 for declaration and recovery of possession of the land from the revision petitioner. THE said suit was dismissed on 31-10-1986. Hence the respondent filed a copy application on 13-11-1986 for the purpose of filing an appeal. Stamp papers wee called on 18-3-1987. Since the stamp papers were not furnished within the time, the copy application was struck off on 28-3-1987. Again the respondent filed another copy application on 28-3-1987 i.e., C.D.No.8099 of 1987. THE copies were made ready on 11-9-1987 and delivered on 14-9-1987. THEreafter the appeal was filed on 25-9-1987. An appeal had been filed against the said judgment dated 31-10-1986, with the petition C.M.P.No.2080 of 1987 to excuse the delay of 162 days in filing the appeal.

(3.) THE learned Principal Judge for the reasons stated in his order accepted the contention of the respondent and allowed the application. Aggrieved by the same, this revision is filed.