Petitions filed to condone a 177-day delay in filing Second Appeals against a judgment dated 01.08.2023. The Court allowed the petitions, finding the delay was not willful, subject to the petitioner paying a cost of Rs. 4000 to the respondent's counsel.
Delay of 177 days condoned; Second Appeals entertained upon payment of Rs. 4000 as costs.
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C.M.P.Nos. 12443 & 12444 of 2024 in S.A. SR.Nos. 144878 & 144940 of 2023
T.V. THAMILSELVI, J.
These Civil Miscellaneous Petitions have been filed seeking to condone the delay of 177 days in filing the above Second Appeal against the judgment and decree dated 01.08.2023 passed in A.S.No.6 of 2021, on the file of Subordinate Court at Mettupalayam reversing the judgment and decree passed in O.S.No.172 of 2002 dated 15.04.2021 on the file of District Munsif Court, Mettupalayam.
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day itself. However, there is a delay of 177 days in filing the above second appeals arose, which is neither willful nor wanton. Therefore, he filed these
petitions to condone the delay in filing the above second appeals.
raised strong objections stating that sufficient cause was not furnished for the delay in filing the above Second Appeals.
20.08.2024
rpp
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T.V. THAMILSELVI, J.
rpp
C.M.P.No. 12443 & 12444 of 2024 in S.A. SR.Nos. 144878 & 144940 of 2023
20.08.2024
2 issues framed by the court
Whether the delay of 177 days in filing the Second Appeal is condonable under Section 5 of the Limitation Act?
Whether the explanation provided regarding wet documents and lack of query on return sheet constitutes sufficient cause?
1 provisions across 1 enactments
T.V. Thamiselsvi
Respondent
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
