JUDGMENT

This is an application filed by the power of attorney holder of the appellant seeking condonation of delay of 1244 days in filing the appeal. The judgment assailed is one delivered on 31/05/04. Copy of the judgment was applied for on the very next day namely on 01/06/04 and copy was taken delivery of on 05/08/04 though the date fixed to appear to receive copy was on 27/07/04. Though copy was taken delivery of on 05/08/04, this R.S.A is filed only on 17/03/08 after more than three and a half years. The reason for the delay assigned in the affidavit filed by the power of attorney of holder in support of C.M.Application is that after the judgment was pronounced by the first appellate court, for a considerably long period, the original plaintiff did not contact him; that the original plaintiff came down to Kerala recently and after reviewing relevant aspects it was found that the judgment is incorrect and that there are much flaws in the judgment and that when the matter was taken up to the lawyer at Ernakulam for consultation it was found that the judgment and decree has to be challenged as otherwise it would permanently foreclose the right of the original plaintiff and that