IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 440 of 2008()
1. DEVASSY ALIAS DEVAN, AGED 50,
... Petitioner
Vs
1. ANGAMALY SERVICE CO-OPERATIVE BANK
... Respondent
For Petitioner :SRI.T.K.VENUGOPALAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :03/06/2008
O R D E R
K.P. BALACHANDRAN, J.
--------------------------------------------------------------
C. M. Application No 372 of 2008
and
R.S.A. No 440 of 2008
--------------------------------------------------------------
Dated this the 3rd June 2008
JUDGMENT
This is an application to condone the delay of 437 days in filing
the R.S.A. Judgment and decree assailed is dated 27.09.2006.
Copy application was made on 05.10.2006. The date fixed to receive
the copy of judgment was 06.11.2006 and the copy was taken delivery
of only on 14.11.2006 and the appeal was filed on 09.04.2008. The
reason assigned by the appellant in the affidavit filed in support of the
application is that he had two motor accidents and on account of that
he was under treatment at the Modern Hospital, Koovappady in
Perumbavoor for lumbago C vertigo from 20.01.2007 to 25.03.2008 and
therefore the delay was caused in filing the R.S.A.
2. Though it is stated in the affidavit that a medical certificate
showing the above fact was issued by the Homeo Doctor who treated
him is produced along with the affidavit it is not produced. Counsel
submits that it is produced today, but it has not come up before me yet.
However, the fact remains that the medical certificate that is stated to
RSA 440/08 2
have been produced is one obtained from a Homeo Doctor and in
relation to motor accidents resulting in such serious injury like
lumbago C vertigo, it is unbelievable that the appellant has
approached Homeo Doctor only and that there was no other
treatment in any other hospital. I cannot but disbelieve the certificate
issued by the Homeo Doctor which is stated to have been filed today.
On such averments the culpable delay of 437 days in filing the R.S.A
cannot be condoned and the reasons are not just and sufficient to
condone the delay. In the result, I refuse to condone the delay of
437 days in filing the appeal. The C.M. Application is dismissed.
Consequently the R.S.A also stands dismissed.
Sd/-
K.P. BALACHANDRAN
Judge
03/06/2008
en
[true copy]