Vs
Case brief
What is this about?
The Madurai Bench dismissed civil miscellaneous petitions seeking condonation of delay in filing second appeals. The court found the petitioner non-prosecution due to lack of representation, delay in impleading deceased respondents' heirs, and absence abroad, rejecting the delays at the second appeal stage.
What did the court decide?
Civil miscellaneous petitions dismissed for non-prosecution; second appeals rejected at the SR stage.
What the court decided
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.M.P.Nos.15514 and 15515 of 1998 in S.A.SR Nos.51476 and 51482 of 1996
For C.M.P.No.15514 of 1998
P.Hayathkhan ... Petitioner
Vs
- Raja Mohammed 2.Shajahan 3.Jalaudeen ... Respondents
PRAYER in C.M.P.No.15514 of 1998: Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 589 days in filing the above second appeal S.A SR No.51476 of 1996.
PRAYER in S.A.SR No.51476 of 1996 : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the decree and
1/9
Issues for consideration
3 issues framed by the court
Whether the delay of 589 days in filing second appeals should be condoned under Section 5 of the Limitation Act.
Whether the petitioner's claimed mental illness and absence abroad justify condonation of delay.
Whether the petitions should be dismissed for non-prosecution due to lack of representation and delay in impleading heirs.
Parties & counsel
- petitioner
P. Hayathkhan
- respondent
Raja Mohammed
- respondent
Shajahan
- respondent
Jalaudeen
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court