Allowed

Kr.Nachammai Aachi v. N.Ct.Subramanian Chettiyar (Died)

Madras HC8 Oct 2021CMP(MD)/8443/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court permitted the petitioner to condone a delay of 107 days in paying the deficit court fee for a Second Appeal, imposing a penalty of Rs.5,000 towards the Advocates Welfare Fund.

What did the court decide?

Delay of 107 days in paying deficit court fee was condoned on condition to pay Rs.5,000 to Advocates Welfare Fund within one week.

Kr.Nachammai Aachi Vs N.Ct.Subramanian… — Civil Procedure and Limitation | Madras HC (2021)

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CMP(MD) No.8443 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of October Two Thousand and Twenty One PRESENT

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The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

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CMP(MD) No.8443 of 2021 in SA(MD)SR.No.85753 of 2019

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KR.NACHAMMAI AACHI ... PETITIONER/ APPELLANT

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N.CT.SUBRAMANIAN CHETTIYAR (DIED) 1.SP.NATCHIYAPPA CHETTIYAR

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2 SP.CHIDAMBARAM CHETTIYAR ... RESPONDENTS/ RESPONDENTS

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Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 107 days in paying the deficit court fee of Rs.4250 in the above SA(MD) SR no. 85753 of 2019.

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PRAYER IN SA(MD)SR.No.85753 of 2019:

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Setaside the judgment and decree dated 16.09.2019 passed in A.S.No.36 of 2017 on the file of the Learned Additional District and Session Judge, Sivagangai confirming the judgment and decree dated 18.08.2017 passed in O.S.No.81 of 2011 on the file of the Learned Subordinate Judge, Devakottai.

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ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr..VR.SHANMUGANATHAN, Advocate for the petitioner, the court made the following order:-

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This Petition has been filed seeking to condone the delay of 107 days in paying the deficit court fee of Rs.4,250/- in the above Second Appeal.

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2.Heard the learned counsel appearing for the petitioner and perused the material available on records.

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3.Considering the facts and circumstances of the case, this Petition is ordered and the delay of 107 days in paying the deficit court fee in the above Second Appeal is condoned on condition that the Petitioner pays a sum of Rs.5,000/- (Rupees Five Thousand only) to the Advocates Welfare Fund, Madurai Bench of Madras High Court, bearing Account No.7087208431 in Indian Bank, High Court Branch, https://hcservices.ecourts.gov.in/hcservices/ Madurai, towards costs, within a period of one week from the date of

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CMP(MD) No.8443 of 2021

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receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed, without further reference to this Court.

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sd/08/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SIVAGANGAI. 2 THE SUBORDINATE JUDGE, DEVAKOTTAI.

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COPY TO: THE OFFICER INCHARGE, ADVOCATE WELFARE FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER IN CMP(MD) No.8443 of 2021 in SA(MD)SR.No.85753 of 2019 Date :08/10/2021 MK/PN/SAR.IV/13.10.2021/2P/4C

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https://hcservices.ecourts.gov.in/hcservices/

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Kr.Nachammai Aachi v. N.Ct.Subramanian Chettiyar (Died)

Case brief

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Kr.Nachammai Aachi v. N.Ct.Subramanian Chettiyar (Died)

Case brief

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