This application sought condonation of a 2808-day delay in filing a second appeal. The High Court dismissed the petition, holding that the stated reason of attempted compromise was not credible given the respondent's serious prosecution of the final decree and the unexplained gap before filing.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.M.P.No. 19802 of 2019 in S.A.SR.No. 104495 of 2019
Rajendran ..Appellant
Vs.
1.Ranjitham 2.Nagagounder
3.Kalaivani ..Respondents
Prayer in the petition: Petition filed under Order XLI Rule 3A of Code of Civil Procedure for condonation of delay of 2008 days in filing the second appeal Second Appeal SR.Stage preferred against the decree and Judgment in AS.No. 117 of 2008 dated 20.07.2011 on the file of the II Additional Subordinate Judge, Salem confirming the decree and Judgment of the Principal District Munsif, Salem in OS.No. 625 of 2005 dated 03.10.2007.
For Appellant : Mr.Neelakandan
For Respondents : Mr.P.Jagadeesan
J U D G M E N T
This application has been filed seeking to condone the delay of 2808 in filing the appeal. The only reason that is assigned in the affidavit filed in support of the petition is that there was an attempted compromise and therefore, the appellant did not file an appeal. The respondent has filed a counter contending that the claim of compromise is false. It is also stated that the final decree proceedings were being prosecuted with all seriousness through out the period of delay. The final decree petition came to be dismissed on 15.11.2017 and an application in I.A.No. 549 of 2018 was filed almost immediately on 15.12.2017 seeking restoration and the final decree application came to be restored on 15.11.2018.
was dismissed for default.
Sd/-
Assistant Registrar (CS-IV)
//True Copy//
Sub Assistant Registrar
Kkn
TO
+1cc to Mr.K.Ramesh, Advocate, S.R.No. 98645
+1cc to Mr.P.Jagadeesan, Advocate, S.R.No. 98106
C.M.P.No. 19802 of 2019 in S.A.SR.No.104495 of 2019
RSK(CO) GN(09/01/2020)
3 issues framed by the court
Whether sufficient cause was made out for condoning a delay of 2808 days in filing the second appeal.
Whether the claim of attempted compromise explains the delay in filing the appeal.
Whether the filing of the restoration application and counsel's appearance indicates no intention to settle on the respondent's side.
Rajendran
Ranjitham
Nagagounder
Kalaivani
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
