P.Ramasamy v. P.Marappan
Case brief
What is this about?
Petitioner sought condonation of a 98-day delay in representing a second appeal, explaining the paper bundle was misplaced after being returned for defect rectification. The court accepted the explanation and allowed the petition.
What did the court decide?
Delay of 98 days in re-presenting the second appeal condoned; Registry directed to number the appeal if in order and post on 16.10.2024.
What the court decided
C.M.P.No. 21404 of 2024 in S.A. SR.No. 43838 of 2024
C.M.P.No.21404 of 2024 in S.A.SR.No. 43838 of 2024
T.V. THAMILSELVI, J.
Challenging the judgment and decree passed in A.S.No.20 of 2020, the petitioner preferred the above Second Appeal, however there is a delay of 98 days in representing the above second appeal arose. Hence, the present petition has been filed to condone the delay in representing the second appeal.
- Mr.I.Abrar Md. Abdullah, learned counsel for petitioner submitted
that the above Second Appeal was returned for rectifying certain defects on
05.04.2024 including changes in the affidavit, however, the paper was misplaced with other bundles and it could not be traced immediately. Thereafter, after due search, it was traced out, however, there is a delay of 98 days arose in representing the above second appeal and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.
C.M.P.No.21404 of 2024 in S.A.SR.No. 43838 of 2024
Issues for consideration
1 issue framed by the court
Whether the delay of 98 days in representing the second appeal should be condoned.
Parties & counsel
- petitioner
Petitioner (name not stated in text)
Coram
T.V. Thamilselvi
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court