The court dismissed a petition seeking condonation of delay for filing a second appeal. The delay was approximately 5158 days, attributed by the appellant to inadvertence and clerical errors in previous orders. The court found these reasons insufficient.
The application for condonation of delay was dismissed, and consequently, the second appeal was 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
RESERVED ON : 04.01.2022 PRONOUNCED ON : 15.03.2022
CORAM
THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN
C.M.P.NO.4438 OF 2020 IN S.A.SR.NO.3424 OF 2020
A.Muthusamy ... Petitioner/Appellant
.Vs.
C.Soundaram(Deceased)
PRAYER:-
Civil Miscellaneous Petition is filed under Order 41 Rule 3 (a) of Code of Civil Procedure r/w. Order 42 Rule 1 of CPC, to condone the delay of 5158 days in filing the present second appeal in S.A.S.R.No.3424 of 2020.
PRAYER IN S.A.S.R.NO.3424 OF 2020:-
This Second Appeal sought to preferred against to set aside the Judgment and Decree passed in A.S.No.79 of 2004, dated 09/08/2005 on the file of the Principal Sub-Court at Coimbatore in confirming the Judgment and Decree made in O.S.No.2278 of 1993, dated 06/04/2004 on the file of the Principal District Munsif Court at Coimbatore.
For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.V.Ramesh For M/s.T.Thiyagarajan For R1
Mr.T.R.Rajaraman For R2 and R3
ORDER
This petition is filed to condone the delay of 5158 days in filing the Second Appeal in S.A.SR.No.3424 of 2020.
prefer Second Appeal against these appeals. The plea of res-judicata was raised in S.A.No.96 of 2008 by the respondent's counsel on several occasions. Petitioner has knowledge about the factum of non filing of Second Appeals against the judgments in A.S.No.79 of 2004 and A.S.No.45 of 2004. Petitioner is not prudent enough to file Second Appeal in time. Therefore, the long delay in filing the Second Appeal cannot be condoned. This petition is filed only to drag on the proceedings and liable to be dismissed.
Sd/Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
ep
To
SSD(CO) PBS/05/04/2022
3 issues framed by the court
Whether the delay of 5158 days in filing the second appeal could be condoned on the grounds of inadvertence and clerical errors in previous decrees.
Whether the mistake in mentioning the appellant's rank or appeal number in a previous decree constitutes a valid reason for condoning a delay of more than 5000 days.
Whether the court should condone the massive delay considering the applicant had actual knowledge of the need to file separate second appeals for multiple first appeals.
A.Muthusamy
C.Soundaram
G.Chandrashesharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
