AKKALA SAMBAIAH Vs. BANK OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the order of dismissal dated 17.2.1998 passed in I.A. No. 516 of 1996 in an unnumbered appeal (C.F.R. No. 3496 of 1996} on the file of the Principal Senior Civil Judge, Tenali in Guntur District.

(2.) The appellants herein are the defendants and the respondent is the plaintiff in the suit O'.S. No. 68 of 1990 which is a money suit. The appellants-defendants contested that suit. The matter was posted for their evidence to 29.2.1996. But.the defendants failed to attend the Court on that day and subsequently the suit was decreed ex-parte on 6.3.1996. Later on they preferred the appeal with a petition to condone the delay of 44 days in preferring the appeal. The appellants came up with an explanation for the said delay in preferring the appeal and also for not attending the Court on the date on which the suit was posted for their evidence. It is stated in the petitioners' affidavit that as their granddaughter died under suspicious circumstances on 25.2.1996 they immediately went there and attended to her last rites and stayed there and thus they could not attend the Court on that day. The lower Court dismissed the application by holding that the explanation is not satisfactory and that the total period of delay is 56 days. As against that order, the defendants have-come up with this appeal

(3.) Though notice has been several on the respondent, the respondent did not choose to appear either in person or through counsel in this appeal. Heard the learned counsel for the appellants and perused the impugned order.