The Madurai Bench of the Madras High Court considered a petition to condone a 460-day delay in restoring a civil appeal. The court inclined to condone the delay subject to payment of costs.
Delay of 460 days in filing the restoration petition condensed subject to payment of Rs.1,000/- cost.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Ninth day of April Two Thousand Eighteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) No.799 of 2018 IN
CMA(MD) No.SR33351 of 2015
K.RAKKAMMAL ... PETITIONER / PETITIONER /
APPELLANT
Vs
TAMIL NADU STATE TRANSPORT CORPORATION MADURAI LIMITED BY ITS MANAGING DIRECTOR, MADURAI 625 010. ... RESPONDENT / RESPONDENT / RESPONDENT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Condone the delay of 460 days in filing the restoration petition and thus render justice.
PRAYER IN CMA(MD) No.SR33351 of 2015:-
to set aside the order date 12.07.2013 passed by the Learned IV Additional District Judge, Madurai in MCOP.No.31 of 2010 and allow the appeal and thus render justice.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.MURUGESAN, Advocate for the petitioner and of Mr.K.SUDALAIYANDI, Advocate on behalf of the Respondent, the court made the following order:-
This petition has been filed to condone the delay of 460 days in filing the petition to restore the MP.No.1 of 2015, which was dismissed on 26.07.2016.
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sd/09/04/2018 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE IV ADDITIONAL DISTRICT JUDGE, MADURAI
COPY TO:THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
rm
JAM/11/04/2018/ PN-KAK / GSR/ 2p-3c
ORDER IN CMP(MD) No.799 of 2018 IN CMA(MD) No.SR33351 of 2015 Date :09/04/2018
1 issue framed by the court
Whether the delay of 460 days in filing the restoration petition should be condoned.
K.RAKKAMMAL
TAMIL NADU STATE TRANSPORT CORPORATION MADURAI LIMITED
J.NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
