Periyasamy v. Chakravel
Case brief
What is this about?
The court allowed a petition to condone a 421-day delay in filing a second appeal. The delay was attributed to the respondent's inability to engage counsel in time. The order was made subject to the payment of costs to the opposing counsel.
What did the court decide?
Delay of 421 days in filing the Second Appeal condoned on payment of Rs. 3,000 costs to the 1st respondent's counsel.
What the court decided
C.M.P. No. 18709 of 2023
in
S.A.SR.No.101621 of 2023
C.M.P. No. 18709 of 2023 in S.A.SR.No.101621 of 2023
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 421 days in filing the above Second Appeal against the judgment and decree dated 20.11.2021 passed in A.S.No.7 of 2018, on the file of Principal Sub-Court at Dharmapuri confirming the judgment and decree passed in O.S.No.79 of
2013 dated 07.11.2017 on the file of District Munsif Court, Dharmapuri.
- Mr.C.Prabakaran, learned counsel for petitioner submitted that
immediately after getting certified copy of the judgment and decree from the petitioner's lower court counsel, he was not able to come to Chennai and engage a counsel for filing the Second Appeal. Only during the third week of July 2023, he handed over papers to counsel on record, 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 25.07.2023. Hence, there is a delay of 421 days in filing the above second appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone
Issues for consideration
2 issues framed by the court
Whether the delay of 421 days in filing the Second Appeal should be condoned.
Whether the petitioner's reasons for the delay constitute a justifiable explanation.
Parties & counsel
- petitioner
T.V. THAMILSELVI
- respondent
1st Respondent
- respondent
2nd Respondent
Coram
Case details
As recorded by the court registry
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