Allowed

Mrs.Subhana Begum v. Dr.C.Arumugham

Madras HC11 Dec 2024A/6154/2024

Case brief

AI extract

What is this about?

Application to condone a 2672-day delay in filing the written statement in a civil suit, citing pandemic and counsel's illness. The Court allowed the application subject to payment of Rs.3,000 costs, failing which the application would stand dismissed.

What did the court decide?

Delay of 2672 days in filing written statement condoned on payment of Rs.3,000 costs to respondents/plaintiffs by 18.12.2024; failing payment, application stands dismissed.

Mrs.Subhana Begum Vs Dr.C.Arumugham — Civil Procedure and Limitation | Madras HC (2024)

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A. 6154 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-12-2024

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CORAM

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THE HONOURABLE MR JUSTICE A.A.NAKKIRAN

A. 6154 of 2024

CS. 284 OF 2017

MRS.SUBHANA BEGUM NO.70, 1ST FLOOR, PRTUGUESE CHURCH ST, SEVEN WELLS, CH-01.

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Applicant

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DR.C.ARUMUGHAM S/O. CHINNAPPAIYAN, NO.51/2, 3RD STREET, D BLOCK, ANNA NAGAR EAST, CHENNAI 600 102.

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Respondent

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For Applicant: M/s.A.Shanthi

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For Respondent(s): Mr.M.Selvam

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ORDER

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This application has been filed by the applicants/defendants to condone the delay of 2672 days in filing the written statement in the above suit.

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The learned counsel for the applicants/defendants submitted that though the suit summons were served on 15.06.2017, the defendants are not able to file the written statement within time due to covid pandemic and illness of the counsel. Hence, there is a delay of 2672 days in filing the written statement. The delay is neither willful nor wanton, but due to the reasons

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stated above. No prejudice would be caused to the respondents if the delay is condoned. On https://www.mhc.tn.gov.in/judis

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the other hand, great prejudice would be caused to the applicants/defendants if this application is not allowed. Hence, he prays to allow this application.

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The learned counsel for the respondents 1 to 5/plaintiffs 1 to 5 strongly opposed to allow this application stating that the reasons stated in the affidavit is not sufficient to condone the huge delay and that each and every day delay has not been properly explained. He further submitted that non-filing of the written statement is deliberate and they cannot take lightly the process of court according to their whims and fancies. Hence he prays for dismissal of the application.

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Considering the facts and circumstances of the case and, in the interest of justice, by giving an opportunity to the applicants/defendants to contest their case on merits, this Court is inclined to allow this application, by imposing cost.

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Accordingly, this application is allowed on condition that the applicants/defendants shall pay a sum of Rs.3,000/- (Rupees Three Thousand only) to the respondents 1 to 5/plaintiffs 1 to 5 on or before 18.12.2024. In the event of failure on the part of the applicant in paying the said amount within the stipulated time, this application shall stand dismissed.

6.Post on 18.12.2024

11-12-2024

uma To

DR.C.ARUMUGHAM

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S/O. CHINNAPPAIYAN, NO.51/2, 3RD STREET, D BLOCK, ANNA NAGAR EAST, CHENNAI 600 102.

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https://www.mhc.tn.gov.in/judis

Mrs.Subhana Begum v. Dr.C.Arumugham

Case brief

What is this about?

What did the court decide?

Mrs.Subhana Begum v. Dr.C.Arumugham

Case brief

What is this about?

What did the court decide?

What the court decided

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