The Court granted a petition to condone a 141-day delay in filing a Second Appeal, accepting the justification of non-mobilization of funds for court fees. The court imposed a cost of Rs.2000 to the respondent before registering the appeal.
Petition to condone delay allowed on payment of Rs.2000 to respondent; Second Appeal to be numbered and posted.
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C.M.P. No. 17775 of 2024
in
S.A.SR.No.81967 of 2023
C.M.P. No. 17775 of 2024 in S.A.SR.No.81967 of 2023
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 141 days in filing the above Second Appeal against the judgment and decree dated 09.09.2022 passed in A.S.No.25 of 2022, on the file of Principal District Judge, Tiruppur confirming the judgment and decree passed in O.S.No.47 of 2019 dated 04.02.2020 on the file of Subordinate Judge, Kangeyam.
immediately after getting papers from the petitioner's lower court counsel, he was not able to come to Chennai and to mobilise fund to pay court fee and also to engage a counsel for filing the Second Appeal. Only during the last week of June 2023, he handed over papers to the counsel on record. Hence, there is a delay of 141 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.
C.M.P. No. 17775 of 2024 in S.A.SR.No.81967 of 2023
appeared and raised strong objections stating that no sufficient reasons stated in the affidavit for the said delay. Hence, he prayed to dismiss this petition.
24.09.2024
rpp
C.M.P. No. 17775 of 2024 in S.A.SR.No.81967 of 2023
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 17775 of 2024
in S.A.SR. No. 81967 of 2023
24.09.2024
C.M.P. No. 17775 of 2024 in S.A.SR.No.81967 of 2023
1 issue framed by the court
Whether the delay of 141 days in filing a Second Appeal is condonable on the stated grounds.
T.V. THAMILSELVI
Respondent
T.V. THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
