J U D G M E N T

Heard the learned counsel appearing for the respective parties on I.A.No.1/2021 wherein there is a delay of 1131 days in filing the second appeal. In support of the application, an affidavit is filed stating that appellant No.1 was unable to pay the Court fee to prefer an appeal in time due to financial crises and also she was suffering from ill-health and she was not having income after the death of her husband. When she contacted her counsel, he informed that she has to file an appeal but she was struggling for arranging funds to prefer an appeal and in the meanwhile, due to COVID-19, she was unable to meet her advocate and arrange funds. Hence, there was a delay in preferring the appeal and the same has to be condoned.

2. The learned counsel appearing for the respondents would vehemently contend that the judgment was passed in the original suit in the year 2014 and an appeal was preferred in the year 2016 and the said appeal was disposed of in the year 2016 and copy was applied in the year 2021 hence, the reason assigned in the application cannot be accepted since each day delay has not been explained by the appellants. The counsel also would vehemently contend th