N.Subramani v. K.Saravanan
Case brief
What is this about?
Court allowed condonation of 718 days delay in filing specific performance appeal, accepting petitioner's illness claim and imposing Rs.10,000 costs payable to respondent counsel.
What did the court decide?
Condonation of delay ordered along with payment of Rs.10,000 costs to respondent counsel.
What the court decided
C.M.P.No. 18599 of 2019 in S.A.SR.No. 102338 of 2019
C.M.P.No. 18599 of 2019
in S.A.SR.No. 102338 of 2019
R.SUBRAMANIAN, J.
This petition is for condonation of delay of 718 days in filing the
appeal.
- The decree challenged is one for specific performance. The
petitioner has stated that though the copy of the judgment and decree were made ready on 24.05.2017 and handed over to the petitioner on 01.06.2017 by his counsel, the appeal could not be filed in time since the petitioner has suffered a bout of Jaundice during July 2017 and he has taken steps to prefer the appeal immediately, after recovery.
- This was stoutly denied by the respondent contending that the
illness has been invented only for the purpose of creating a reason for the delay.
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Issues for consideration
3 issues framed by the court
Whether delay of 718 days in filing an appeal under Order 41 Rule 9 CPC can be condoned given the petitioner's claim of illness causing the default.
Whether the petitioner's explanation of illness for the delay is acceptable.
Whether the delay in filing a specific performance appeal should be condoned subject to payment of costs.
Parties & counsel
- applicant
Petitioner
- respondent
Respondent
Coram
R. Subramanian
Case details
As recorded by the court registry
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