The appeals fixed the limitation period for filing first appeals from the date the order copy was made ready by the Registry, rejecting the argument that it starts from the web upload date. The court condoned the delay and allowed the petitions.
The delay in filing appeals was condoned and the petitions were allowed as prayed.
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C.M.P. Nos. 10175, 10177, 10181 & 10188 of 2023 in
A.S.SR. Nos. 118721 to 118724 of 2022
S. VAIDYANATHAN,J.
AND
K. RAJASEKAR,J.
The above C.M.Ps have been filed to condone the delay of 146 days in preferring each of the first appeals.
Appellate Court, the learned Single Judge has granted correct and just relief. https://www.mhc.tn.gov.in/judis
But, that does not mean that limitation will run from the date on which the
S. VAIDYANATHAN,J.
AND
K. RAJASEKAR,J.
nv
web copy of the order was made ready. The limitation will run only from the date on which the order copy was made ready by the Registry. Hence, we are not inclined to accept the contention of the learned counsel for the respondent that there has been a delay of 395 days in preferring each of the appeals.
4. As we are satisfied with the reasons stated in the affidavit filed
in support of the respective C.M.Ps, the delay is condoned and the petitions are ordered as prayed for.
nv
(S.V.N.J.) (K.R.S.J.) 05.06.2023
C.M.P. Nos. 10175, 10177, 10181 & 10188 of 2023 in
A.S.SR. Nos. 118721 to 118724 of 2022
2 issues framed by the court
Whether the limitation period for filing commences from the date the order copy is made ready by the Registry or the date it is uploaded on the web portal.
Whether the reasons stated in the affidavit are sufficient to condone a delay of 146 days in filing first appeals.
Petitioner(s)
S. Vaidyanathan
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
