DAPAGUNTLA VENKATA NARAYANA Vs. PARISE RAMACHANDRA RAO

JUDGEMENT

(1.) These two revision petitions can be disposed of by a common order.

(2.) C R P No. 79/81 is filed against an order refusing to condone delay in filing an appeal before the court of the Subordinate. Judge, Vijayawada. The petitioner is the defendant. Hs filed the appeal in the lower court along with an affidavit stating that there is no delay in filing the same arid if there is any delay, the same may be condoned and the appeal may be taken on file"

(3.) Final decree was passed in the suit on 10-11-1975. The petitioner filed an application---------C A No. 8561/75-on 2-12-1975 for grant of a copy. The application was returned on 6-12-1975 granting seven days time for re-presentation. The petitioner represented the application along with a delay condonation petition-.- I A No. 4659/75 on 24-12-1975. That application was dismissed by the lower court on 27-12-1976 on the ground that the copy application was struck off on 16-12-1975 and therefore, the question of condoning the delay in re-presentation does not arise. The petitioner filed another application on 15-3-1976. Copy was made ready oa 27-10-1976. The appeal was filed on 28-10-1976, along with an affidavit stating that the appeal was filed within time under the circumstances stated therein and in case the court comes to the conclusion that there was delay the same may be condoned. The lower court dismissed the application IA 650/77 stating that the appeal was time barred from the date of the decree, i. e. 6-11-1975 and even the second copy application did not save the limitation as the appeal was filed on 28-10-1976 and the petitioner did not come up with any specific plea that there was delay of specified number of days and every day's delay was not explained and accordingly dismissed the application, I A 650/77, by its order dated 2-8-1980 and also rejected the appeal, by another order dated 2-8-1980. Against the order dismissing the application, C R P No. 79 of 1981 was filed. C RP No. 80 of 1981 was filed against the order rejecting the appeal.