9911796707
TMI Blog2014 (4) TMI 1302X X X X Extracts X X X X X X X X Extracts X X X X ..... ke of convenience, the defendant in the original suit referred as revision petitioner and the plaintiff in the original suit referred as respondent hereafter. 3. The revision petitioner herein, who is the defendant in the original suit in O.S.N. 313 of 2003, filed the first appeal in ASCFR No. 2815 of 2007 along with an application in I.A. No. 56 of 2007 under Section 5 of the Limitation Act to condone the delay of 440 days in filing the first appeal. In the affidavit filed in support of the said application, it is stated that the original suit was decreed on 20.4.2006 and the revision petitioner applied for copies of the judgment and decree on 24.4.2006 and the same were received on 25.05.2006. It is further stated that the revision petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clean hands and hence, the application is liable to be dismissed. 5. The trial Court, after considering the both sides contentions and finally dismissed the said application filed in I.A. No. 56 of 2007 on 5.12.2007. Aggrieved over the said order of dismissal, the revision petitioner has filed the revision petition. 6. The learned counsel for the revision petitioner submitted that both the revision petitioner and the respondent are sisters. The revision petitioner was unable to file the first appeal within time only due to her illness. Further, the previous counsel refused to conduct the case for the revision petitioner and therefore, she engaged another counsel and filed an appeal along with the application in I.A. No. 56 of 2007 and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication only on the grounds that the revision petitioner has not produced any medical certificate to prove the fact that she was bed ridden as alleged in the affidavit and the revision petitioner could have contacted her counsel over phone and instructed him to file an appeal and holding that there was no sufficient cause for condoning the delay, and finally dismissed the application. 10. The learned counsel appearing for the revision petitioner submitted that the trial Court has not properly considered the reasons stated by the revision petitioner and only on technical reasons the trial Court wrongly dismissed the application. In support of his contention, the learned counsel for the revision petitioner relied on a decision in N. Balakris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transform into a good cause. 11. The learned counsel also relied on another decision in M/s. T.V. Sundaram Iyengar and Sons Ltd., Authorized Dealer For Pal Peugot Ltd., Omalur Main Road, Salem 9 [2008 (1) L.W. 494] wherein it is held as under: As a matter of fact, a party does not stand the benefit by resorting to delay. Per contra, he runs a serious risk. It cannot be again said that judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so. 12. The learned counsel further relied on yet another decision in Collector, Land Acquisition, Anantnag and Another Vs. Mst. Katul and Others [(1987) 2 SCC 107] wherein, the relevant portio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Others etc. (2010 CIJ 272 CLJ) and submitted that while considering the application for condonation of delay, the Court could certainly keep in mind that when substantial justice and technical consideration are pitted against each other, cause of substantial justice deserves to be preferred and the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. The relevant portion from paragraph 6 of the above decision, reads as under: The question of condonation of delay would depend upon the facts of each case. Though the expression "sufficient cause" should receive a liberal construction, the Court must also see as to whether the party approaching the Court seeking for such condonation of delay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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