1. This Civil Revision Petition has been filed to get set aside the petition and order dated 17.06.2011 passed in I.A.No.514 of 2010 in the unnumbered A.S.No....... of 2010, by the learned Sub Judge Tuticorin.

2. Heard both sides.

3. The learned Counsel for the revision petitioners would echo the cridecoeur and heart burns of his clients to the effect that his clients presented the memorandum of appeal with the delay petition to get the delay of 116 days condoned in filing the appeal on the main ground that their Advocate misplaced the memorandum of appeal and wherefore, they could not file it in time; after hearing both sides, the lower Court dismissed the application, mainly on the ground that the affidavit was sworn in by the advocate himself.

4. Being aggrieved by and dissatisfied with the order of the lower Court, this Civil Revision Petition has been focussed by the revision petitioners on various grounds.

5. The point for consideration is as to whether the delay could be condoned or not?

The Point:

6. This is a peculiar case, wherein the delay occurred not because of the party, but because of the Advocate and the Advocate himself virtually filed the affidavit taking the burde