BAKKAM RAJAVEERU ALIAS RAJEERU Vs. MIDTBAPALLI VENKATALAH

JUDGEMENT

(1.) The order dismissing I.A.No. 612 of 2001 to condone the delay of 334 days in preferring the appeal is the subject matter of this revision.

(2.) The averments in the affidavit of the revision petitioner filed in support of the application show that after obtaining the copies of decree and judgment to be appealed against, he approached his counsel after mobilizing funds, and delivered the papers to him on 02-05-2000, but his advocate informed that as the Courts are closed for summer vacation he would prepare and file the appeal into Court on the reopening day, and thereafter since he was bed ridden for a number of days due to jaundice he could not contact his Advocate, and so the delay of 334 days that occurred in preferring the appeal may be condoned.

(3.) On the ground that the revision petitioner did not adduce evidence to show that he was suffering from jaundice or any ill health, holding that the delay of 334 days was not properly explained by the revision petitioner, the learned District Judge dismissed I.A.No. 612 of 2001 by the order under revision.