Sulochana v. Palanisamy
Case brief
What is this about?
Petition to condone a 1962-day delay in filing a second appeal by an illiterate widow who remained ex parte at trial. The court allowed the petition on payment of Rs.2000 cost and directed numbering of the appeal.
What did the court decide?
Delay of 1962 days condoned on condition of paying Rs.2000 cost to Tamil Nadu State Legal Services Authority within one week.
What the court decided
C.M.P. No. 11602 of 2024 in
S.A.SR.No.38416 of 2024
C.M.P. No. 11602 of 2024 in S.A.SR.No.38416 of 2024
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 1962 days in filing the above Second Appeal against the judgment and decree dated 19.03.2018 passed in A.S.No.31 of 2017, on the file of Sub-Court at Kangeyam confirming the judgment and decree passed in O.S.No.108 of 2013 dated 06.01.2015 on the file of District Munsif Court, Kangeyam.
- Mr.C.Munusamy, learned counsel for petitioner submitted that she
applied for certified copy of judgment and decree on 27.07.2023 and the same was made ready on 14.08.2023. However, she being an illiterate lady and also due to lack of communication, she was not able to file the appeal in time. Only during the second week of March 2024, she handed over papers to counsel on record, but after making it ready the appeal papers, by oversight he was not able to file the same within time and the second appeal was filed on 19.03.2024. Hence, there is a delay of 1962 days in filing the above second appeal arose, which is neither willful nor wanton.
C.M.P. No. 11602 of 2024 in S.A.SR.No.38416 of 2024
Issues for consideration
1 issue framed by the court
Whether the delay of 1962 days in filing the second appeal should be condoned?
Parties & counsel
- petitioner
T.V. Thamilselvi
Coram
T.V. Thamilselvi
Case details
As recorded by the court registry
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