Chakrapani vs Ellammal

A.C. Arumugaperumal Adityan, J.—The order passed in I.A. No. 115 of 2002 in unnumbered A.S. No. /2002, on the file of the Sub

Court, Cheyyar is under challenge before this Court.

The said application in I.A. No. 115 of 2002 was filed by the defendant/appellant in unnumbered appeal to condone the delay of 1027 days in

re-presentation. The appeal was returned by the Officer for rectifying some defects.

The Learned Counsel appearing for the revision petitioner would represent that there was only three days delay in preferring the appeal. The

previous counsel appearing for the defendant handed over the bundle to him recently and the case bundle has been mixed up with the other

bundles and hence, he could not re-present the memorandum of appeal in time.

The learned Counsel appearing for the respondent would contend that the suit is on promissory note. The trial Court has decreed the suit with

costs. Only to drag on the proceedings, the defendant has taken this tactics and there is no genuine ground for condoning the delay of 1027 days.

The defendant/appellant has also filed I.A. No. 114 of 2002 to permit him to file the appeal in forma pauperis under Order 33 Rule 3 of C.P.C.

The learned Counsel has filed the certified copy of I.A. No. 114 of 2002 in unnumbered A.S. / 2002, which was also dismissed on 07.12.2004.

It is seen from the records that the defendant/appellant was aged 19 years. The learned Counsel appearing for the revision petitioner would

contend that the defendant has filed an appeal over the judgment in the suit and according to him, while he was a minor, the promissory note has

been obtained from him. In such circumstances, this Court is of the view that an opportunity has to be given to the appellant to defend his case in

appeal for the reasons stated in the memorandum of appeal. There is a delay of 1027 days in representation for which, the defendant is not

personally responsible. In such circumstances, this Court is of the view that on payment of costs of Rs. 1,000/- to the Taluk Legal Services

Authority by the counsel this revision can be allowed.

In the result, the Civil Revision Petition is allowed on condition that the counsel for the defendant shall pay a sum of Rs. 1,000/- to the Taluk

Legal Services Authority, Cheyyar within a period of two weeks, ie., on or before 28.09.2006, failing which, the Civil Revision Petition shall stand

automatically dismissed. On payment of costs, the learned Sub Judge is directed to number the appeal and dispose of the same within six weeks

thereafter. Consequently, C.M.P. No. 16082 of 2005 is closed. No costs.