VARUGU MADHUMATHI Vs. KOTALATHURU VEMULAIAH

JUDGEMENT

(1.) This Revision Petition, under Article 227 of the Constitution of India, is preferred against the order, dtd. 28/4/2016, in I.A.No.609 of 2013 in A.S.S.R (CFR) No.4786 of 2012 on the file of the Court of the III Additional District Judge, Tirupati, (in short 'the first appellate court") which has been filed under Order XLI, rule 3-A of CPC to condone the delay of 90 days in filing the Appeal.

(2.) Initially the petitioner herein has filed an Appeal, aggrieved by the Judgment and decree dtd. 20/3/2013 in O.S.No. 85 of 2006 on the file of the Court of Senior Civil Judge, Srikalahasti. Since the petitioner has been suffering from jaundice and taking country made treatment at various placed, she was unable to prefer appeal within time. Hence an application was filed to condone the delay of 90 days in preferring appeal.

(3.) The respondents filed counter before the first appellate court denying all material averments and vehemently contended that the reasons mentioned in the affidavit is created for the purpose of filing the application and the delay is not properly explained, so also there is absolutely no evidence to show that the petitioner was suffering with jaundice. Therefore the delay cannot be condoned.