This revision petition is directed against the dismissal of Section 5 application by the first appellate Court.
2.The petitioner herein is the plaintiff in the suit. The suit was dismissed on 21.01.1997. Aggrieved by that, an appeal has been preferred with the delay of 397 days. The reasons stated in the condone delay petition is that her counsel had not informed about the dismissal of the suit and her right to prefer appeal. Only when she met the counsel on 08.08.1997, the counsel informed her that he has sent a letter to her about the dismissal of the suit as early as 18.02.1997. Since she did not receive the said communication, she was not able to prefer the appeal within time.
3.The said application to condone the delay in preferring appeal has been filed on 21.04.1998. The suit was dismissed on 21.01.1997. Even according to the revision petitioner, her counsel has informed about the fate of the case as early as on 08.08.1997. Whereas, this application to condone delay in filing appeal is filed only on 21.04.1998. The delay in not presenting the appeal and condone delay application at least immediately after knowledge is not been explained. The Trial Court having considered the application has dismissed it stating the reasons.
4.This Court finds no perversity or illegality in the reasons stated by the Trial Court in the impugned order. Hence, this Civil Revision Petition is dismissed. No costs.
To The Sub Judge, Parakamudi..