ALLALA BHAGAVANTH RAO Vs. GARVANDULA VIJAYALAXMI AND ORS.

JUDGEMENT

(1.) ASMP No. 1435 of 2012, under Order XLI Rule 3 -A of the Code of Civil Procedure, 1908 (for short, 'the C.P.C.') read with Section 5 of the Limitation Act, 1963 (for short, 'the Act') is filed to condone delay of 168 days in preferring the Appeal against the decree and judgment dated 13.9.2011 passed in Original Suit No. 13 of 2006 by the Senior Civil Judge at Jagtial, Karimnagar District, on the 1st ground that the petitioner herein has suffered from Chikungunya and viral fever and that his family members were totally immobile, thereby could not contact the Counsel within time; the 2nd ground urged by the petitioner is that due to his ill -health, he had incurred lot of expenditure for his medical treatment and due to his inability to meet any further expenditure did not engage the Counsel to prefer an Appeal. Hence, the delay of 168 days occurred in preferring the Appeal. Learned Counsel for the petitioner while reiterating the grounds urged in the petition contended that the sufficient cause must be construed liberally without adopting any pedantic approach and when the petitioner was unable to move from the house due to ill -health it is a sufficient ground to condone the delay and prayed to allow the petition.

(2.) PER contra, learned Counsel for the respondents would contend that the cause shown by the petitioner is not sufficient cause, as he failed to explain each and every days delay and even did not furnish the details of commencement of sickness and recovery and prayed to dismiss the petition. Considering rival contentions and perusing the material available on record, the sole point that arises for consideration is:

(3.) THE first and foremost ground urged for condonation of delay, in Para 7 of the affidavit, is that the petitioner suffered from Chikungunya and viral fever and unable to move from the house; therefore, he could not contact his Counsel. But, nowhere in the affidavit, the dates of commencement of his sickness and recovery disclosed. Except making a bald allegation, no Medical Certificate was produced to substantiate his contention that he had suffered from Chikungunya or viral fever for a prolonged period of 168 days. In the absence of any details of his sickness, more particularly, the dates and Medical Certificate from the competent doctor, I am unable to accept the contention that there is sufficient cause to condone the delay.