IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 RSA.No. 157 of 2008 ------------------------ AS.175/2003 of DISTRICT COURT, PATHANAMTHITTA OS.129/1995 of SUB COURT, PATHANAMTHITTA .................... APPELLANTS:APPELLANTS/PLAINTIFFS No 1 AND 3 IN THE SUIT ------------------------------------------------------------------------ 1. P.K.RAVEENDRANATHAN,S/O.KUNJUCHRUKKAN PATHISSERIL HOUSE, CHEENKALTHADAM, MALAYALAPUZHA VILLAGE,PATHANAMTHITTA DISTRICT. 2. N.V.KUNNJUCHERUKAN, S/O.VELUMPAN PATHISSERIL HOUS, CHEENKALTHADAM, MALAYAPUZHA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: RESPONDENTS/DEFENDANTS --------------------------------------------------- 1. KERALA STATE FINANCIAL CORPORATION THIRUVANANTHAPURAM. 2. THE DISTRICT MANAGER KERALA FINANCIAL CORPORATION PATHANAMTHITTA. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. -------------------------------------------------- C. M. Application No 137 of 2008 & R.S.A. No 157 of 2008 -------------------------------------------------- Dated this the 26th June 2008 JUDGMENT This is an application seeking to condone the delay of 181 days in filing the Regular Second Appeal. Judgment under appeal is dated 16.11.2006 and copy was applied for on the very next day. Stamp papers were called for on 09.02.2007 and produced on 14.02.2007. Copy of the judgment was taken delivery of only on 27.02.2007 though the date fixed to receive the copy was 24.02.2007. However, the appeal was filed as late as on 12.11.2007, almost after eight months. 2. The reason stated in the affidavit filed by the first appellant in support of the application is that due to financial difficulties he was unable to meet his lawyer and bear the expenses for obtaining the copy of the decree and judgment and he collected the decree and judgment and the records pertaining to the case for filing the Second Appeal from his counsel only in August 2007 and entrusted the case file to the present counsel for preferring the appeal in the last week of October 2007. Stamp papers used for the decree and judgment is RSA 157/08 2 only of a total value of Rs 30/-. Apart from the bald averment that he was unable to meet his lawyer and to bear the expenses for obtaining copy of decree and judgment due to financial difficulties, it is not explained as to what are the financial difficulties and what was the expenses to be met for the purpose. A bald statement that the appellant was having financial difficulties by itself is no reason to condone the delay of 181 days in filing the appeal. There is no just and sufficient cause to condone the delay. In the result, refusing to condone the delay of 181 days in filing the Regular Second Appeal I dismiss this C.M. Application. Consequently the R.S.A also stands dismissed. Sd/- K.P. BALACHANDRAN Judge 26/06/2008 en [true copy]