AP High Court Fines Litigant ₹25K For Submitting False Medical Certificate To Get Over Inordinate Delay In Filing Appeal
The Andhra Pradesh High Court imposed cost of Rs. 25,000 on a litigant who filed an appeal against money recovery decree with an "inordinate delay" of 1037 days citing a medical issue, noting that the medical certificate was unsupported by records.The Court observed that the medical certificate produced by the appellant, claiming that she had been advised bed rest for nearly three years due...
The Andhra Pradesh High Court imposed cost of Rs. 25,000 on a litigant who filed an appeal against money recovery decree with an "inordinate delay" of 1037 days citing a medical issue, noting that the medical certificate was unsupported by records.
The Court observed that the medical certificate produced by the appellant, claiming that she had been advised bed rest for nearly three years due to spinal problems, was “not truthful” and appeared to have been prepared only “to get over the delay in filing the appeal.”
A Division Bench of Justice Ravi Nath Tilhari and Justice Balaji Medamalli passed the judgment while dismissing an appeal filed with a delay of 1037 days against a decree passed in a suit for recovery of money.
"This Court's concern is the manner in which the medical certificate has been issued. We have no doubt in our mind that the medical certificate is a document prepared only for the purpose of the present case to get over the delay in filing the appeal, and an attempt by the applicant to interfere with the administration of justice. We observe considering the contents of the doctor's own affidavit, that the medical certificate issued by him is not truthful and no reliance can be placed thereon, to consider the condonation of an inordinate delay of 1037 days in filing the appeal. This Court do not find the cause shown to be sufficient nor the cause satisfactorily established. No case for condonation of delay is made out. I.A. No.1 of 2026 is rejected, with costs of Rs.25,000/- payable by the appellant to the Andhra Pradesh High Court Legal Services Committee, High Court of Andhra Pradesh, for making an attempt to seek condonation of delay on the basis of such a medical certificate".
The appellant sought condonation of delay on the ground that she had been suffering from spinal problems and had been advised prolonged bed rest by her doctor, due to which she could not approach counsel for filing the appeal within limitation. In support of the plea, a medical certificate issued by a private medical practitioner was filed stating that she had been advised bed rest for more than three years.
Prima facie expressing doubts regarding the prolonged advice of bed rest, the High Court directed the doctor concerned to file an affidavit along with prescriptions, medical records and details of treatment. In response, the doctor stated that the appellant had approached him with complaints of fever, loss of appetite and severe back pain and was later diagnosed with tuberculosis of the spine. According to the affidavit, medicines were prescribed as part of anti-tuberculosis treatment and the appellant was advised adequate rest and follow-up treatment.
However, the Court found that no specific details of subsequent visits or continuous treatment had been disclosed. It also noted that no prescriptions, investigation reports or supporting medical records were produced either along with the appeal papers or with the doctor's affidavit. The Bench further found it “most surprisingly” that although the doctor claimed not to maintain elaborate medical records, he was still able to mention exact treatment details and medicines allegedly prescribed.
The appeal was therefore dismissed on the ground of limitation.
Case Title: Sri Venkateswara Cotton Company, rep. by its Proprietor v. Sri Giri Cotton Traders, Rep. by its Proprietor
Case Number: Appeal Suit No. 82 of 2026
Counsel for Appellant: Sri Ponnam Ravindra Babu