The Court dismissed the appellant's petition for condonation of delay under Section 149 CPC after finding the petitioner absent on the scheduled dates, deeming it non-prosecution and rejecting the underlying appeal.
Petition dismissed as non-prosecution; C.M.A. SR No.148773 of 2019 stands rejected.
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: 16.11.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.P.No.17959 of 2021 in C.M.A. SR. No.148773 of 2019
C.Subramani
... Petitioner/Appellant sought to be preferred in CMA SR in 148773/19
-vs-
Karpagam ... Respondent/Respondent sought to be preferred in CMA SR 148773/19
Prayer: Petition filed under Section 149 of Civil Procedure Code to condone the delay of 110 days in paying the deficit court fees of Rs.1,800/- in C.M.A. SR. No.148773 of 2019 sought to be preferred to set aside the fair and decree dated 10.07.2019 in I.A.No.5306 of 2018 in O.P.No.171 of 2018 passed by VI Additional Family Court, Chennai directing the appellant to pay a sum of Rs.5,000/ per month each to the respondent and two children towards the interim maintenance from the date 03.08.2018.
For petitioner : No appearance
ORDER
[Order of this Court was delivered by T.RAJA, J.]
The petition has been filed to condone the delay of 110 days in paying the deficit Court fees of Rs.1,800/- in C.M.A. SR.No.148773 of 2019.
2.When the petition was taken up for hearing on 08.11.2021, there was no representation for the petitioner and therefore, the matter was directed to be posted on 15.11.2021. As there was no representation on behalf of the petitioner even on 15.11.2021, the same was directed to be posted today under the caption 'for dismissal', so as to give an opportunity to the petitioner to argue his case. Even today, there is no representation on behalf of the petitioner either through counsel or by himself, which shows that he has no https://hcservices.ecourts.gov.in/hcservices/ inclination to defend his case and therefore, this petition is
liable to be dismissed. Hence, this petition stands dismissed as non prosecution. Consequently, C.M.A. SR No.148773 of 2019 stands rejected. No costs.
Sd/Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar
vga
To
The VI Additional Principal Judge, VI Additional Family Court, Chennai.
Copy To
The Sub Assistant Registrar, A.E. Section, High Court, Madras.
C.M.P.No.17959 of 2021 in C.M.A. SR. No.148773 of 2019
GPL(CO) GMY(06/12/2021)
2 issues framed by the court
Whether the delay in payment of deficit court fees in the appellate petition be condoned on merits when the petitioner remained absent from the hearing.
Whether the condonation petition be dismissed for want of prosecution.
1 provisions across 1 enactments
C.Subramani
Karpagam
T.RAJA
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
