Ch. Sangaiah Vs Mylavarapu Sowbhagyamma and Others

Andhra Pradesh High Court 5 Nov 1998 C.M.P. No. 7525 of 1994 in CRP SR No. 79332 of 1992 (1998) 11 AP CK 0007
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

C.M.P. No. 7525 of 1994 in CRP SR No. 79332 of 1992

Hon'ble Bench

Syed Saadatulla Hussaini, J

Advocates

R. Kameswara Rao, for the Appellant; None, for the Respondent

Final Decision

Dismissed

Acts Referred
  • Limitation Act, 1963 - Section 5

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

Syed Saadatulla Hussaini, J.@mdashHeard

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 Vs. State of Kerala and Another, . 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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