Ch. Sangaiah vs Mylavarapu Sowbhagyamma And Ors. on 5 November, 1998

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Andhra High Court
Ch. Sangaiah vs Mylavarapu Sowbhagyamma And Ors. on 5 November, 1998
Equivalent citations: 1999 (1) ALT 27
Author: S S Hussaini
Bench: S S Hussaini

ORDER

Syed Saadatulla Hussaini, J.

1. Heard

2. This application is filed to condone the inordinate delay of 224 days in preferring the revision. The reason given in the affidavit is that the petitioner could not contact his advocate as his advocate was attending to his father who was shifted to Appollo Hospital, Hyderabad and copy of the order was served on his Advocate at Khammam on 21-4-1992. Ultimately, the father of his advocate died on 10-11-1992 and after that, there was no explanation as to why the petitioner could not contact the advocate.

3. In a recent decision of Apex Court reported in P.K. Ramachandran v. State of Kerala and Anr., (D.N.). Their Lordships have observed.

“the rigour of limitation has to be applied in the case and equity also cannot be the basis for extending the period of limitation on equitable grounds.”

Following the same, I am not inclined to condone the inordinate delay of 224 days.

4. Accordingly this C.M.P. is dismissed. No costs.

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