The Court dismissed a petition seeking to condone a 1400-day delay in filing an intra-court appeal. It rejected the explanation of a misplaced file, noting contradictory statements in the affidavit, and held the reasons insufficient to condone the delay.
Miscellaneous petition for condonation of delay dismissed.
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C.M.P. No. 17113 of 2018 in W.A.SR No. 71191 of 2018
K.K. SASIDHARAN,J.
AND
P.D. AUDIKESAVALU,J.
(Order of the Court was made by K.K. SASIDHARAN,J.)
This petition is filed to condone the delay of 1400 days in filing the intra-court appeal as against the order dated 17 September 2014
in W.P. No. 25274 of 2014.
it was tagged with other files. The petitioners have given
K.K. SASIDHARANJ.
AND
P.D. AUDIKESAVALU,J.
nv
contradictory reasons even in the affidavit filed in support of the miscellaneous petition.
reasons given by a party for condoning the delay which alone are material. Even a few days' delay would be fatal and a long delay would not be so. However, in a case of this nature, the petitioners must at least give the bare minimum facts so as to enable this Court to
condone the delay. Since no such reasons have been given, we are of
the view that this is not a fit case for condoning the delay.
(K.K. SASIDHARAN,J.) (P.D. AUDIKESAVALU,J.) nv 15 April, 2019
C.M.P. No. 17113 of 2018 in W.A.SR No. 71191 of 2018
1 issue framed by the court
Whether a delay of 1400 days in filing an intra-court appeal can be condoned when contradictory and insufficient reasons are given.
Principal Chief Conservator of Forests, Chennai
Government
K.K. SAsidharan
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
