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Judgment
Hon''ble Dr. Justice K. Bhakthavatsala
Heard on Misc. Cvl. 12533/2009.
Misc. Cvl. 12533/2009 is an application filed u/s 5 of the Limitation Act praying to condone the delay of 642 days in filing the appeal. The application is annexed with an affidavit of the appellant.
It is stated in para No. 3 of the affidavit that he did not know about the judgment made on 12.7.2007 and he was under the impression that the case was still pending before the trial Court. Thereafter, his Advocate during the first week of May 2008 informed him to come over to his office and collect the judgment copy. Accordingly, he approached the Advocate and found that the judgment was passed on 12.7.2007 itself, in Para No. 5 of the affidavit. It is stated that thereafter he fall sick from second week of May 2008 and continued to be under medical treatment and the Doctor advised him to have bed rest till the end of October 2008. It is stated In para No. 6 that he was suffering from severe Illness from November 2008 to March 2009 and apart from that he had financial constraints and pressing family matters, It is stated in para No. 7 of the affidavit that after he enquired with his trial Court Counsel about his case during the month of April 2009, he was told that an appeal could be filed for enhancement. It is stated in para No. 8 that later on and after making necessary financial arrangement with great difficulty he came and approached the present Advocate and he came to know that there is some delay in filing the appeal. It is stated that he is not conversant with legal technicalities and the procedures and therefore, he prays for condone the delay in filling the appeal.
The affidavit of trial Court Advocate is not annexed with medical certificate to establish that he was suffering from any such serious illness and that he could not approach the Advocate till April 2009. According to the appellant, he collected the judgment copy in the month of May 2008, but the present appeal came to be filed on 13.7.2009. The averments of the affidavit is self serving to suit the case of the appellant. He has not given the necessary details. In other words, it is not stated in the affidavit as to when did he meat his trial Court Advocate last to enquire about the case after he gave evidence in the claim petition. Further, there is no mention In the affidavit as to when did he give instruction to file copy application and pay the copying charges. In my view, the appellant hat not shown sufficient cause for condoning the inordinate delay of 642 days in filing the appeal. There is no merit in the appeal.
In the result, Misc. Cvl. 12533/2009 is rejected. Consequently, the appeal Is also dismissed as barred by limitation.