LAWS(APH)-2011-4-17

GANGARAPU KARENNA Vs. JAMI KARUVU

Decided On April 01, 2011
GANGARAPU KARENNA Appellant
V/S
JAMI KARUVU Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of order dated 10.02.2010 in I.A.No.727 of 2010 in AS. No.- of 2010 (GR.No.827) on the file of the learned District Judge, Srikakulam.

(2.) A perusal of the record shows that as notices sent to the respondents returned un-served, the learned counsel for the petitioner served notice on Sri M. Kranthi, learned counsel, who appeared for the respondents in the lower Court and filed acknowledgement along with proof of service. Despite service of notice on their counsel, the respondents have not entered appearance.

(3.) IN support of his application, the petitioner has stated that he is an illiterate and that as his counsel did not receive the certified copy in time, a delay of 13 days occurred in filing the appeal in the lower appellate Court. The learned District Judge rejected the above reason assigned by the petitioner on the ground that mere ignorance is not an excuse and that nothing prevented him from approaching his counsel and filing the appeal in time.