CM No.4420/2011 (for condonation of delay)

1. The delay of 739 days is stated to have been caused on account of pendency of a review petition challenging the impugned judgment and which review petition was immediately filed after the impugned judgment. The present appeal has been filed within a reasonable period of the review petition being disposed of. Therefore, in my opinion there is a sufficient reason for condonation of delay for the reasons as stated in the application, more so in the absence of any response. The application is allowed. The delay is condoned. CM stands disposed of.

RFA No. 132/2011

2. Learned Counsel for the defendant/respondent states that his client is not contacting him. In my opinion, this is not a good ground for adjournment considering the facts of the present case. I have therefore heard learned Senior Counsel for the appellant and am proceeding to dispose of the appeal after perusing the record.

3. The challenge by means of this Regular First Appeal under Section 96, CPC is to the impugned judgment of the Trial Court dated 5.10.2008 which rejected the plaint under Order 7 Rule 11, CPC. The suit which was filed was a suit for recovery of Rs.1