The appellants have come up with this Civil Miscellaneous Petition to condone the delay of 3178 days in filing second appeal. A.S.No.61 of 2006, on the file of the Sub-Court, Pattukkottai, was allowed on 26.04.2007 and reversed the finding of the lower Court.
2. The appellants stated that the judgment and decree copy of the first appellate Court was misplaced in the office and the second appeal could not be filed in time. Hence, the appellants filed a petition to condone the delay of 3178 days in C.M.P.(MD)No.5369 of 2016.
3. On the other hand, the learned counsel for the respondent opposed the statement of the appellants that it would not be a valid reason to condone such enormous delay.
4. Admittedly, in the affidavit, the appellants stated that the judgment and decree copy of the first appellate Court was misplaced in the office and the action was initiated against the staff concerned. However, no specific details has been mentioned as to when the judgment and decree copy of the first appellate Court was obtained, misplaced and when it was found out again. Affidavit is bereft of details about missing of the judgment and decree copy of the first appellate Court more particularly as to when it was found out again. Thus no sufficient reason was given by the appellants to condone the delay of 3178 days. Hence this Civil Miscellaneous Petition is dismissed. Consequently, the connected Second Appeal is closed in the SR stage itself.
To
1.Rathinakumar Memorial Educaitonal Trust having its registered Office at Madurai branch, Rathinakumar Memorial Saratha Vidyalaya Matriculation School, Pattukkottai represented by its Correspondent.
2.The Sub Court, Pattukkottai..