JUDGMENT :

This regular second appeal has been filed under Section 100 r/w Order XLII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' for short), challenging dismissal of AS No.2/2022 on the files of the Sub Court, Sulthanbathery, dated 23.07.2023, which arose out of decree and judgment in OS No.183/2008 on the files of the Munsiff Court, Kalpetta, dated 09.11.2012. The appellants herein are defendants 1 to 4 in the above suit. The respondent in this second appeal is the plaintiff in the above suit.

2. Heard the learned counsel for the appellants/defendants and the respondent/plaintiff on admission.

3. I shall refer the parties in this regular second appeal as 'plaintiff' and 'defendant' for convenience.

4. In this matter, AS No.2/2022 was dismissed by the Sub Court, as barred by limitation, after dismissing IA No.1/2022, a petition filed to condone delay of 3366 days in filing the appeal. Therefore, this Court is inclined to look into the legality of the order passed in IA No.1/2022 in AS No.2/2022. In the affidavit, in support of the petition, sworn by one 'Ramachandran', who is the first defendant in OS No.183/2008, reasons raised to condone the long de