Sengan v. Selvaraj
Case brief
What is this about?
A petition to condone a 4-day delay in filing a Second Appeal was disposed of. The court held the reason plausible, allowed the petition, and directed the registry to number the appeal and list the matter.
What did the court decide?
Petition to condone delay allowed; registry directed to number Second Appeal and post it for hearing.
What the court decided
C.M.P. No. 14581 of 2024
in
S.A.SR.No.25711 of 2023
C.M.P. No. 14581 of 2024 in S.A.SR.No.25711 of 2023
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 4 days in filing the above Second Appeal against the judgment and decree dated 19.09.2022 passed in A.S.No.11 of 2013, on the file of Sub-Court at Perambalur District reversing the judgment and decree passed in O.S.No.265 of 2002 dated 31.01.2013 on the file of District Munsif Court, Perambalur Dt.
- Mr.R.Veeramani, learned counsel for appellant submitted that as
the certified copies of judgment and decree passed in A.S.No. 11 of 2013 was not available, the same was obtained. However, there is a delay of 4 days in filing the above second appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above second appeal.
- Ms. P.Meenakshi, learned counsel for respondents 1 to 5 appeared and raised formal objections in allowing this petition.
Issues for consideration
1 issue framed by the court
Whether the 4-day delay in filing the Second Appeal is condonable as neither willful nor wanton.
Parties & counsel
- petitioner
T.V. Thamilselvi
- respondent
Respondents 1 to 5
Coram
T.V. Thamilselvi
Case details
As recorded by the court registry
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