Sigappiammal vs Natarajan Poosari

Honourable Mr. Justice M. Jaichandren

This civil revision petition has been filed against the order, dated 13.3.2009, made in I.A.No.276 of 2007, in the unnumbered appeal suit, on the file of the Subordinate Court, Sivagangai.

It has been stated that the petitioner in the civil revision petition had filed a suit, in O.S.No.97 of 2004, on the file of the District Munsif Court, Sivagangai, for recovery of money, based on a promissory note. The said suit had been dismissed by the trial Court, on 25.10.2004. Challenging the judgment and decree of the trial Court, dated 25.10.2004, the petitioner herein had filed an appeal suit before the Subordinate Court, Sivagangai, with the delay of 779 days in preferring the said appeal.

It has been stated that the petitioner, who is 72 years old, was under going treatment for arthritis and knee pain from a local doctor and therefore, she could not approach her advocate in time, to prefer the appeal. Though she had applied for a copy of the judgment and decree of the trial Court, dated 25.10.2004, on 20.11.2006, the same had been issued only on 31.1.2007, resulting in the delay in the filing of the appeal.

The trial Court had dismissed the interlocutory application filed by the petitioner stating that the petitioner had not furnished the details relating to her treatment. Even though she had claimed that she could not remember such details relating to the treatment for arthritis and knee pain due to loss of memory, the trial Court had not accepted the said claim made by the petitioner.

The learned counsel appearing on behalf of the respondent had submitted that the suit had been filed by the petitioner, before the Subordinate Court, Sivagagai, belatedly, only with the view to prolong the proceedings. The petitioner had not shown sufficient reasons for the delay in the filing of the appeal. He had also stated that there are no merits in the suit filed by the petitioner, as it had been clearly admitted by her, in her deposition, as P.W.1, in I.A.No.276 of 2007, in the unnumbered appeal suit, that she had filed the appeal suit only for the reason that Chellam Asari had failed to pay the balance amount to the petitioner, contrary to the assurance given by him. It is not the case of the petitioner that the defendant in the suit, who is the respondent in the present civil revision petition, is liable to pay to the petitioner the amount claimed in the suit.

In view of the submissions made by the learned counsels appearing for the parties concerned and on a perusal of the records available it is seen that the petitioner, who is a woman, 72 years of age, had stated that she had not been able to approach her counsel, due to arthritis and knee pain. Even though she had not been in a position to give the details about the,treatment it cannot be said that the delay in the filing of the appeal suit is willful or wanton. It is for the appellate Court to decide on the merits of the appeal, once the appeal suit is numbered and heard, on merits. The petitioner, who is the appellant in the unnumbered appeal suit, cannot be denied an opportunity of putting forth her case in the said appeal, due to the delay in the filing of the said appeal.

In such view of the matter, this Court finds it appropriate to set aside the order, dated 13.3.2009, made in I.A.No.276 of 2007, in the unnumbered appeal suit, on the file of the Subordinate Court, Sivagangai. The delay in the filing of the appeal suit would stand condoned, on the petitioner paying a sum of Rs.1,500/-(Rupees one thousand and five hundred only) to the respondent, within a period of two weeks from the date of receipt of a copy of this order, failing which this order would stand revoked, without further reference to this Court.

However, on the payment being made, as directed by this Court, by this order, the learned Subordinate Court, Sivagangai, shall number the appeal suit and hear and dispose of the same, in accordance with law. The Civil Revision Petition is ordered, accordingly. No costs. Consequently, connected miscellaneous petition is closed.