Allowed an application seeking permission to pay Rs. 250 cost imposed in a previous matter to enable the court to consider a delay. Dismissed the earlier conditional order and set a deadline for payment.
Appellant allowed to pay the cost of Rs. 250/- on or before 06.07.2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twenty Second day of June Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice C.V.KARTHIKEYAN
CMP(MD) No.5629 of 2017
IN AS No.1172 of 1993
THIRUMALAISAMY REDDIAR(DIED)
BY HIS LEGAL HEIRS,
12 KESAVA RENGASAMY ... PETITIONERS/PETITIONERS/PETITIONERS/ PETITIONERS/PROPOSED APPELLANTS
Vs
B.J.S. MAHENDRA SINGH ... RESPONDENT/RESPONDENT/RESPONDENT/ RESPONDENT/RESPONDENT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioners to pay the cost amount a sum of Rs. 250.00 (Rupees two hundred and fifty only)imposed by this court in M.P.No. 1 of 2007 within the time fix by this court.
Prayer in MP No.1 of 2007:-
To condone the delay of 122 days caused in representation and thus render justice.
Prayer in AS No.1172 of 1993:-
Memorandum of Regular appeal against the judgment and decree in O.S.No. 17 of 1990 on the file of the Court of the Principal Subordinate Judge, Dindigul and dated 23.02.1993.
ORDER : This petition coming on for orders upon perusing the https://hcservices.ecourts.gov.in/hcservices/ petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.RAMESH, Advocate for the petitioner and of
on behalf of the Respondents the court made the following order:On 30.04.2008, this Court has passed an conditional order and directed to pay Rs.250/- to the legal service authority for considering delay of 122 days in representing the MP SR.No.50361 of 2006. The said cost was not paid.
Consequently, MP 1 of 2017 in MP SR.No.50361 of 2006 was dismissed. Now, this application has been filed by the petition to permit to pay the cost of Rs.250/- . The appeal has to be heard in detailed.
This appellant is allowed and the cost of Rs.250/- to be paid on or before 06.07.2017. Call on 07.07.2017.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO
THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL.
Copy To: The Officer Incharge, Legal Aid Services Authority, Madurai Bench of Madras HIgh Court, Madurai.
CSL/RR-BS/SAR-III/27.06.2017 : 2P/3C
2 issues framed by the court
Whether the court should permit the petitioner to pay the cost of Rs. 250 imposed in a pending matter to condone delay in representation.
Whether the conditional order passed on 30.04.2008 regarding the payment of costs can be allowed in a subsequent application.
Thirumalaisamy Reddiar (died) by his legal heirs
B.J.S. Mahendra Singh
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
