STATE OF ANDHRA PRADESH Vs. YALLA APPALANAIDU

JUDGEMENT

(1.) This revision petition is directed against the order of the District Judge, Srikakulam dated 4-2-1994 passed in I.A.No.316 of 1995 in unregistered A.S.GR.No.779 of 1994 in which the learned District Judge refused to condone the delay of 3659 days in preferring the appeal.

(2.) The respondent No. 1, who died and whose legal representatives have been brought on record as respondents 2 to 7 in this case was the plaintiff in the suit. His suit was decreed against the Government and the Tahsildar who are the petitioners herein on 29-12-1983 by the learned District Munsif (the then), Narasannapeta. An appeal against the said decree was sought to be filed in January, 1994 with a delay of 3659 days and hence a separate petition under Section 5 of the Limitation act was filed for condonation of that delay. The learned District Judge dismissed the said petition and the same is challenged in this revision petition.

(3.) The facts relating to this case may be stated briefly as follows :The petitioners herein filed a petition to condone the delay of 3659 days in filing the appeal on the grounds that the delay is occasioned purely on account of the then Assistant Government Pleader, Narasannapeta, and that the then Assistant Government Pleader did not send the certified copies of judgment and decree in the suit even though a duty is caste upon him to send the certified copies of the decree and judgment along with his opinion and that he did not care to inform the result of the suit, and that after due correspondence the present Government Pleader obtained the certified copy of the decree and judgment and opined that there are valid grounds to prefer an appeal against the said judgment and decree and that the delay is occasioned partly due to administrative reasons and processing of papers officially and that the same is neither wilful nor intentional.