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This appeal is filed by the appellant being aggrieved of order dated 31/07/2004 passed by learned District Judge, Satna in Misc.Civil Case No.23/2003 refusing to condone the delay and setting aside ex-parte judgment and decree dated 07/12/2001 on the ground of delay and latches.

Shri Thakur, learned counsel for the appellant, submits that appellant was suffering from Tuberculosis and thereafter Paralysis, therefore, he could not file application for setting aside the ex-parte judgment and decree till 24/3/2003.

Thus, delay should be condoned and appeal may be allowed.

A perusal of the record reveals that appellant has filed stale prescriptions, current prescription showing illness on the date of the judgment i.e. December, 2001 is not brought on record. There is no paper to suggest that he was suffering from Tuberculosis or Paralysis or any such disease which required hospitalization or confinement to bed and he could not approach the Court. Thus, it is evident that the evidence adduced on record clearly points out that no ground could be established by the appellant to show that he was suffering from Tuberculosis or Paralysis resulting in his failure in Court in time.