Shanmugam @ Pounraj v. Kanagam
Case brief
What is this about?
Condonation of a 785-day delay in filing an appeal, accepted on grounds of ill-health and the pandemic. Order also addresses the issue of deemed service on a refused notice.
What did the court decide?
Delay of 785 days in filing appeal is condoned; Registry directed to number the appeal.
What the court decided
C.M.P.No.13895 of 2022 in CMSA.S.R.No.14012 of 2022 P.T. ASHA, J,
The above petition is filed to condone the delay of 785 days in filing the above appeal.
- The private notice which has been issued to the respondent has been returned with an endorsement 'refused'. The postal endorsement would show that the postman had visited the addressee residence on 8 occasions and ultimately she has refused the same. Therefore, there is a deemed service on the respondent.
3.Reasons that have been adduced for the delay is the ill-health of the appellant/petitioner and the subsequent pandemic. Considering the fact that the sufficient reasons have been given, the delay is condoned.
- The Registry is directed to number the appeal, if it is otherwise in order.
02.12.2022
shr
1/1
Issues for consideration
2 issues framed by the court
Whether the delay of 785 days in filing the appeal can be condoned.
Whether the service of notice is deemed to have been effected upon refusal by the addressee.
Parties & counsel
- petitioner
P.T. ASHA
- respondent
Respondent
Coram
J. P.T. ASHA
Case details
As recorded by the court registry
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