SANJAY SINGH Vs. SHARDA DEVI TIBREWAL, TEKRIBAL

JUDGEMENT

(1.) I.A. No. 735 of 2006 has been filed for condoning the delay of nearly 15 months in filing the revision application.

(2.) It is submitted by the learned counsel for the petitioner that by the impugned order dated 21.7.2004 the court below has debarred the defendant-petitioner from filing the written statement but immediately thereafter on the very next date on 2.8.2004 the petitioner filed written statement along with a petition for recalling the said order which was heard also on that date and the matter was fixed for orders on 13.8.2004. However, no such order was passed until 7.10.2005 when another petition on the same lines filed on 17.8.2005 was rejected. It is submitted that around that time the petitioner was suffering from Hepatitis and thus could not contact his counsel and after recovering his health the revision application has been filed.

(3.) Learned counsel for the opposite party opposes the prayer for condonation of delay on the ground that no specific dates have been given regarding the petitioner felling ill nor any medical certificate has been produced. It is further submitted that financial hardship of the petitioner is no ground for condonation of delay.