Tmt. S. Agila, v. T. Jogi
Case brief
What is this about?
This order condones a 65-day delay in filing a second appeal, simpliciter allowing the petition and directing the petitioner to pay costs to the State Legal Services Authority within one week.
What did the court decide?
Petition to condone delay allowed; petitioner directed to pay Rs. 2,000 costs to State Legal Services Authority within one week.
What the court decided
C.M.P. No. 17949 of 2016
in
S.A.SR.No.77039 of 2016
C.M.P. No. 17949 of 2016 in S.A.SR.No.77039 of 2016
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 65 days in filing the above Second Appeal against the judgment and decree dated 04.04.2016 passed in A.S.No.32 of 2013, on the file of Sub-Court at Udhagamandalam confirming the judgment and decree passed in O.S.No.158 of 2010 dated 29.01.2013 on the file of District Munsif Court, Udhagamandalam.
- Mr.A. Ram Kumar, learned counsel for petitioner submitted that immediately after getting papers from the petitioner's lower court counsel at Udhagamandalam, he was not able to come to Chennai and engage a counsel for filing the Second Appeal. Only during the first week of July 2016, he handed over papers to junior counsel, but after making it ready the appeal papers, by oversight he was not able to file the same within time and the second appeal was filed on 17.10.2016. Hence, there is a delay of 65
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.
Issues for consideration
1 issue framed by the court
Whether the delay of 65 days in filing the second appeal is condonable.
Parties & counsel
- petitioner
T.V. Thamilselvi
Coram
T.V. Thamilselvi
Case details
As recorded by the court registry
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