G.H. KEVATE Vs. PRASHYASAK

JUDGEMENT

(1.) Shrigonda Taluka Kharedi-Vikri Sangh had obtained a decree in a money suit in the Court of the Civil Judge, Senior Division, Ahmednagar, against the present petitioner. The judgment was delivered on 6.10.1982 and on 1.11.1982 an application for certified copy was filed. The copy was ready on 23.12.82, but the defendant claims that since 20.12.82 till 20th Aug. 1983 he was suffering from typhoid and had suffered two relapses. The defendant obtained the certified copy after his recovery and immediately filed appeal on 22.8.1983 together with a petition for condonation of delay under Sec. 5 of the Limitation Act. Along with, the applicant/defendant filed a certificate from Dr. Suresh S. Karlatti, a practising Physician and Surgeon of Yadwad Taluka Gokak, Dist. Belgaum, in support of his claim that he was suffering from typhoid during the relevant period. However, the learned Judge refused to condone the delay on the ground that the petitioner should have filed an affidavit of the concerned Physician.

(2.) Undoubtedly, the Petitioner who is the resident of Shrigonda should have taken the precaution of instructing his Advocate to file an appeal in time when he proceeded to Yadwad in Karnataka State. But there is nothing to suggest either that the Petitioner is not telling the truth about his illness or that the certificate of Dr. Karlatti is a bogus one. He has sworn an affidavit regarding the truthful-ness of the certificate and the fact that he was ill during the relevant period Under the circumstances. I am satisfied that the Petitioner has shown sufficient cause within the meaning of Sec. 5 of the Limitation Act, and order that the appeal may be admitted, subject, however, to the Petitioner furnishing a solvent security to the satisfaction of the lower Court for a sum which would be sufficient to cover the entire decretal amount including interest. The security is to be furnished within four weeks of receipt of this writ by the lower Court.

(3.) The petition therefore succeeds. Rule made absolute in the above terms. There will be no order as to costs. Rule made absolute.