The Court condoned a delay of 660 days in filing a Special Review Appeal, holding that substantial justice outweighs technical considerations, subject to the payment of costs.
Delay of 660 days condoned subject to payment of Rs.3000 costs.
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C.M.P.No.14997 of 2024 in W.A.No.SR 77502 of 2023
THE HON'BLE ACTING CHIEF JUSTICE and P.B.BALAJI,J.
This miscellaneous petition is filed to condone the delay of 660 days in filing the appeal.
The reasons for the delay are stated in paragraph (15) of the affidavit. Though we are not convinced with the reason given by the petitioners, in view of the settled proposition of law that when cause for substantial justice and technical considerations are pitted against each other, the cause for substantial justice should be given greater weightage, we are inclined to condone the delay.
This miscellaneous petition is ordered, subject to the condition that the petitioners pay costs of Rs.3000/- to the Madras High Court Advocate Clerks Association, Chennai, within two weeks from the date of receipt of a copy of this order.
If costs, as directed, are not paid within the stipulated time, the miscellaneous petition shall automatically be considered to be dismissed and the WA (SR) shall be rejected.
sasi
Acting Chief Justice
P.B.BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
