IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 RSA.No. 440 of 2008 --------------------- AS.161/2006 of ADDL. DISTRICT COURT, PARAVUR OS.182/2004 of MUNSIFF COURT,ALUVA .................... APPELLANT: RESPONDENT-DEFENDANT: -------------------------------------- DEVASSY ALIAS DEVAN, AGED 50, MULAVARIKKAL VEEDU, ANGAMALY KARA, ANGAMALY VILLAGE. BY ADV. SRI.T.K.VENUGOPALAN RESPONDENT: APPELLANT-PLAINTIFF: ------------------------------------------- ANGAMALY SERVICE CO-OPERATIVE BANK LIMITED NO.714, ANGAMALY, REPRESENTED BY ITS SECRETARY LILLY. THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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]