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TMI Blog1990 (7) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... attacked with chicken-pox on 23-2-1989 severely, and was not allowed to move out of his residence till recovery from the illness and recovered completely only on 27-3-1989 and, therefore, due to circumstances beyond the petitioner s control the appeal could not be filed within time. 4. Heard Shri Vedantham, the learned D.R. 5. Condonation is sought for on grounds of illness viz. chicken-pox. Shri Ramaswamy, the learned Consultant for the petitioner, submits that in these parts normally for chicken-pox one does not take medical treatment by going to a doctor. For the reasons set out in the affidavit and also keeping in mind that the petitioner was laid up with chicken-pox, I am inclined to think that in the facts and circumstances of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eatment. The learned Consultant merely stated that in these parts traditionally no treatment is taken for chicken-pox. It is observed that the applicant s name suggests that he is not a South Indian and it has not been stated by him that on account of tradition he had received no treatment. The applicant has stated in the affidavit that he had itching sensation and swelling in both eyes. It is observed that itching sensation is part of the condition created by chicken-pox and some minor swelling can also occur and this cannot be taken to be any complication warranting the applicant s not being able to do anything for the whole length of the period from 23-2-1989 to 27-3-1989. Chicken-pox figures in the New Encyclopaedia Britannica, Volume I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any complication nor there is any evidence produced in this regard by way of treatment from any doctor, it cannot be believed that the applicant remained indoors for a long period from 23-2-1989 to 27-3-1989. The bland statement made in the affidavit in this regard, therefore, cannot be accepted. As seen from what has been stated in Encyclopaedia Britannica, the disease should run its course during the period of one week allowing for the time for vesicles to shrivel up and the scabs to fall. Even allowing for a further one week period for rest the applicant should have been able to take steps for filing the appeal by about 6th, of March, 1989. The further delay beyond that period cannot be taken to be explained by the plea of attack of chic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on for condoning delay has to be dismissed on that ground alone. The Hon ble Supreme Court has held in the above cited case that each day s delay after the limitation has run out has to be explained and, in my view, sufficient cause has not been shown for condonation of the delay for filing the appeal on 28-3-1989. In view of the above, I dismiss the application of the applicant for condonation of delay and consequently the appeal is also rejected. POINT OF DIFFERENCE 8. Whether in the facts and circumstances of the case the delay in filing the appeal can be condoned as held by Member (Judicial) or there is no case for condonation of delay as held by Member (Technical). 9. [Per: LJ. Rao, Member (T)]. - Pursuant to the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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