NIQUELA DSILVA Vs. JEFERY SAVIO DSILVA

JUDGEMENT

(1.) HEARD both sides. Rule. By consent, rule made returnable forthwith.

(2.) THIS is a petition impugning a Judgment and Order passed by the ist Addl. District Judge, Margao in Civil Misc. Application No. 73/2004, dismissing the said application filed by the petitioner before him. The original suit filed by the plaintiff, the present petitioner, was for a declaratory relief that she was an owner of the suit property. The suit came to be dismissed on 21. 5. 2003. The plaintiff applied for a certified copy on 28. 5. 2003. Delivery of the same was given on 16. 6. 2003. The appeal was presented on 30. 6. 04. There was, therefore, delay of 333 days in filing of the appeal. It appears that the appeal was filed by the defendant No. 2 who was the wife of defendant No. 1. In her application for condonation of delay, she stated that the original plaintiff No. 1 lost his mental balance and cognitive faculties for a period of one year and since then he was in a disturbed mood, used to repeatedly turn aggressive and ran away from the house somewhere in the year 2003. She stated that the situation in the house was chaotic and she had to spend sleepless nights and was anxious to know the whereabouts of her husband. Her husband was traced and brought home but he used to suddenly disappear without informing her and therefore, she was under mental stress and agony and could not pursue the matter. He was treated by dr. Rui Tito Vaz who issued a Medical Certificate dated 5. 1. 04. It was also alleged that the Medical Certificate dated 5. 1. 04 issued by Dr. Rui Tito Vaz got misplaced and could not be presented to her Lawyer.

(3.) THE respondents have filed reply denying all the allegations.