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2015 Supreme(AP) 638

M.SATYANARAYANA MURTHY
Allala Bhagavanth Rao – Appellant
Versus
Garvandula Vijayalaxmi – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Rajashekar Thallapally, Advocate.
For the Respondents:G. Madhusudan Reddy, Advocate.

Judgment:

A.S.M.P. No.1435 of 2012, under Order XLI Rule 3-A of the Code of Civil Procedure, 1908 (for short, ‘the C.P.C.’) read with Section 5 of the Limitation Act, 1963 (for short, ‘the Act’) is filed to condone delay of 168 days in preferring the Appeal against the decree and judgment dated 13.09.2011 passed in Original Suit No.13 of 2006 by the Senior Civil Judge at Jagtial, Karimnagar District, on the 1st ground that the petitioner herein has suffered from Chikungunya and viral fever and that his family members were totally immobile, thereby could not contact the counsel within time; the 2nd ground urged by the petitioner is that due to his ill-health, he had incurred lot of expenditure for his medical treatment and due to his inability to meet any further expenditure did not engage the counsel to prefer an Appeal. Hence, the delay of 168 days occurred in preferring the Appeal.

Learned counsel for the petitioner while reiterating the grounds urged in the petition contended that the sufficient cause must be construed liberally without adopting any pedantic approach and when the petitioner was unable to move from the house due to ill-health it is a sufficient ground to condone th
























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