This judgment allows two civil miscellaneous petitions seeking condonation of delay in filing an appeal and dispensation with the production of an original court order. The court found sufficient cause shown and allowed both petitions.
Both petitions were allowed; condemnation of delay was accepted; appeal to be treated within time.
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.
C.M.P.Nos.8831 and 9080 of 2020 in WA.No.SR 50521 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2020
CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.M.P.Nos.8831 and 9080 of 2020
in WA.No.SR 50521 of 2020
1.The Home Secretary (Prison IV),
Home Department, Secretariat,
Chennai 600 009.
2.The Additional Director General of Police
and Inspector General of Prisons,
Whannels Road, Egmore,
Chennai 600 008.
3.The Superintendent of Prison,
Salem Central Prison, Hasthampatty,
Salem District 636 007. .. Petitioners in both
CMPs.
-vs-
A.Palanisamy @ Palaniappan .. Respondent
in both CMPs.
CMP.8831 of 2020 filed under Section 151 CPC to dispense with the production of original copy of the order dated 04.05.2020 passed
Page 1 of 4
C.M.P.Nos.8831 and 9080 of 2020 in WA.No.SR 50521 of 2020
in W.P.No.7559 of 2020 and CMP.No.9080 of 2020 filed under Section 5 of the Limitation Act to condone the delay of 43 days in filing the appeal under Clause 15 of the Letters Patent against the order dated 04.05.2020 passed in W.P.No.7559 of 2020 on the file of this Court.
For Petitioners : Mr.Emalias
Additional Advocate General,
assisted by Mr.K.Prabakar,
Addl.P.P.
ORDER
(Passed by The Hon'ble Chief Justice)
Having considered the submissions raised and in view of the
nature of the controversy as well, we find the cause shown for the delay to be sufficient. We are also satisfied with the reasons stated in
the affidavit filed in support of the petitioner seeking dispensation of production of original copy of the impugned order. We, accordingly, allow both the petitions.
Page 2 of 4
C.M.P.Nos.8831 and 9080 of 2020 in WA.No.SR 50521 of 2020
The appeal shall be treated to be within time and be given the
regular number.
(A.P.S., CJ.) (S.K.R., J.)
31.08.2020
sra
Page 3 of 4
C.M.P.Nos.8831 and 9080 of 2020 in WA.No.SR 50521 of 2020
The Hon'ble Chief Justice and Senthilkumar Ramamoorthy, J.
(sra)
(sra)
C.M.P.Nos.8831 and 9080 of 2020
in WA.No.SR 50521 of 2020
31.08.2020
Page 4 of 4
2 issues framed by the court
Whether the cause shown for delay in condoning the delay in filing appeal and producing original order copy is sufficient.
Whether applications for condonation of delay and dispensation of original production are allowed.
2 provisions across 2 enactments
The Home Secretary (Prison IV), Home Department
The Additional Director General of Police and Inspector General of Prisons
The Superintendent of Prison, Salem Central Prison
A. Palanisamy @ Palaniappan
A.P. Sahi
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
