Bhuvanesh v. Subbarayan
Case brief
What is this about?
A single judge allowed an application to condone an 8-day delay in filing a civil appeal. Notice to a vacant defendant was dispensed with. The appeal is directed for numbering.
What did the court decide?
Delay of 8 days condoned; notice to ex parte defendant dispensed with; registry to number the appeal.
What the court decided
1
C.M.P.No.477 of 2006 in A.S.SR.No.102293 of 2005
P.T.ASHA.J.,
The above application has been filed to condone the delay of 8 days in filing the above appeal. Attempt to serve the sixth defendant at the last known address has been unsuccessful.
- However, it is noticed that the sixth defendant had remained exparte before the trail Court. Therefore, notice to the sixth respondent is dispensed with only in the condone delay stage.
- The learned Counsel for the respondents 3 and 4 have no objection to the petition being ordered.
- Considering the fact that sufficient reasons have been given in the affidavit filed in support of the application and accordingly, this application is allowed and the delay of 8 days is condoned.
- The Registry is directed to number the appeal or if it is otherwise in
order.
09.09.2021
gd/vkr
Issues for consideration
1 issue framed by the court
Whether an application to condone an 8-day delay in filing an appeal can be allowed on sufficient reasons?
Case details
As recorded by the court registry
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