The Court condoned a delay of 79 days in filing a civil appeal, holding it was not inordinate and was permissible in the interest of justice to allow the matter to be heard on merits.
Condonation of delay of 79 days in filing the civil appeal allowed.
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CMP.No.9837 of 2020 in CMA.SR.No.56570 of 2020
CMP.No.9837 of 2020 in CMA.SR.No.56570 of 2020
R.SUBBIAH, J. and C.SARAVANAN, J.
This petition has been filed to condone the delay of 79 days in preferring the appeal.
counsel for the respondents sought time for filing counter. Hence, the matter is posted today under the caption "for orders". Today, there is no representation for the respondents. Furthermore, we are of the opinion that the delay of 79 days in filing the appeal cannot be construed as inordinate in nature. Hence, the delay could be condoned in the interest of justice, so that the appellant will have an opportunity of putting forth his case in the Civil Miscellaneous Appeal and the matter can be heard on merits. Accordingly, the delay of 79 days in filing the appeal is condoned and this petition is allowed.
pvs
[R.P.S., J] [C.S.N., J] 08.10.2020
1/2
CMP.No.9837 of 2020 in CMA.SR.No.56570 of 2020
R.SUBBIAH, J. and C.SARAVANAN, J.
pvs
CMP.No.9837 of 2020
in CMA.SR.No.56570 of 2020
08.10.2020
2/2
1 issue framed by the court
Whether the delay of 79 days in filing the civil appeal is condonable in the interest of justice.
Appellant
Respondents
R. Subbiah
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
