CHEKURI RAMACHANDRA RAJU Vs. PATHAPATI SATYANARAYANA RAJU

JUDGEMENT

(1.) The petitioner, Chekuri Ramachandra Raju, has filed this petition praying for excusing the delay in preferring a Second Appeal. He presented that Second Appeal on 13th April, 1962 with a delay of 577 days. The sole respondent, Pathapati Satyanarayana Raju, has contested this petition and filed a counter- affidavit. The petitioner has filed a reply affidavit in addition to his original affidavit. The relevant facts were as follows :- The respondent (hereinafter referred to as the plaintiff) filed O.S. No. 58 of 1957 in the Court of the District Munsif, Bhimavaram, on a promissory note said to have been executed by the petitioner (hereinafter referred to as the defendant). After contest by the defendant, the learned District Munsif dismissed the suit with costs. The plaintiff filed A.S. No. 94 of 1958 in the Court of the Subordinate Judge, Narasapur. When that appeal came up for hearing on 16th March, 1960, the defendant's Advocate reported 'no instructions'. The learned Subordinate Judge heard arguments in the appeal ex parte and passed judgment on 21st March, 1960, allowing the appeal. The defendant filed LA. No. 282 of 1960 in A.S. No. 94 of 1958 on 4th April, 1960 under Order 41, rule 21, Civil Procedure Code, praying for re-hearing of the appeal, urging certain grounds. The learned Subordinate Judge dismissed that application on I3th February, 1961. The defendant filed C.M.A. No. 122 of 1961 in this Court. On 30th January, 1962, this Court dismissed C.M.A. No. 122 of 1961. Subsequently, the defendant presented the Second Appeal on 13th April, 1962.

(2.) In his original affidavit, the defendant has stated as follows :-

(3.) In his counter-affidavit, the plaintiff has stated as follows :-