ORDER :

Prayer: C.M.P. No. 16662 of 2021 is filed under Section 151 of the Code of Civil Procedure, to condone the delay of 1626 days in filing the first appeal against the judgment and decree in L.A.O.P. No. 241 of 2009 dated 29.07.2015 on the file of the III Additional District Court, Puducherry.

Prayer: A.S. No. 86861 of 2021 is filed under Section 96 of the Code of Civil Procedure, to set aside the award in L.A.O.P. No. 241 of 2009 on the file of the III Additional District Court, Puducherry dated 29.07.2015.

1. The delay of 1626 days in filing the Appeal Suit against the award passed in L.A.O.P. No. 241 of 2009 dated 29.07.2015 is sought to be condoned in the present Civil Miscellaneous Petition.

2. The learned counsel for the petitioner contended that the delay occurred, since the petitioner suffered old age ailments during the relevant point of time. More so, the amount of Court fee to be paid is also huge and the petitioners were not in a position to pay the entire Court fee immediately. Thus, the delay is to be condoned.

3. Uncondonable delay cannot be condoned in a mechanical manner. No doubt, Courts may take a lenient view, if the delay is meagre but unexplained long delay ca