Inordinate delay not condoned without sufficient cause despite counsel inadvertence claims.

PRAYER : Appeal filed under Section 100 of C.P.C., to set aside the common judgment and decree dated 22.02.2017 made in A.S.No.26 of 2014 on the file of the Court of the Additional District Judge, Hosur, which was in the nature of reversing the judgment and decree dated 21.12.2012 made in O.S.No.176 of

2010 on the file of the Court of the Subordinate Judge, Hosur.

For Appellant(s): Mr.C.Parthiban

ORDER

The Second Appeal has been filed to set aside the common judgment and decree dated 22.02.2017 made in A.S.No.26 of 2014 on the file of the Court of the Additional District Judge, Hosur, reversing the judgment and decree dated 21.12.2012 made in O.S.No.176 of 2010 on the file of the Court of the Subordinate Judge, Hosur.

2. The Civil Miscellaneous Petition is filed to condone the delay of 3155 days in filing the above Second Appeal.

3. In the affidavit filed in support of the condone delay petition, it was stated by the petitioner / appellant that he entrusted the case papers to a learned counsel at Chennai to prefer two second appeals against A.S.No.31 of 2013 and A.S.No.26 of 2014 which were disposed of on 22.12.2017. However, inadvertently, he had filed a second appeal only against A.S.No.31 of 2013 and no second appeal had been filed against A.S.No.26 of 2014. The petitioner / appellant was unable to follow the litigation due to his illness. When he contacted the learned counsel, he handed over all the case papers to the petitioner / appellant. Thereafter, during February 2026, the petitioner contacted the present counsel and entrusted the papers with instructions to file a second appeal against A.S.No.26 of 2014.

4. It is seen from the averments in the affidavit that the petitioner /

appellant has entrusted the entire papers to the earlier counsel in the year 2017 and he filed a second appeal only against A.S.No.31 of 2013 and he did not file a second appeal against A.S.No.26 of 2014. It is seen from the typed set that the petitioner / appellant applied for a copy application only on 09.02.2022 and the same was made ready on 24.02.2022. The petitioner / appellant received the certified copies of the judgment and decree on 25.02.2022. This had happened well after the handing over of the papers to the earlier counsel in the year 2017. The petitioner / appellant could have filed the present second appeal immediately after receiving the certified copies in February 2022. However, without any reason he waited for four years and filed this Second Appeal only on 12.03.2026.

5. In the light of the above discrepancy, the reasoning given by the petitioner / appellant for explaining the delay of 3155 days is not at all acceptable. The petitioner / appellant has not made out any sufficient cause for condoning the inordinate delay of 3155 days.

6. Hence, this Miscellaneous Petition is dismissed. Accordingly, the Second Appeal is rejected in SR stage itself. No costs.