V.Saroja v. N.Eswaran
Case brief
What is this about?
In this miscellaneous petition, the single judge addressed a plea to condone a delay of 106 days in filing a second appeal. The court found the appellants' explanation concerning age-related health issues and lack of counsel contact reasonable.
What did the court decide?
Petition to condone a delay of 106 days in filing the second appeal was allowed.
What the court decided
C.M.P. No. 21842 of 2024
in
S.A.SR.No.108697 of 2024
C.M.P. No. 21842 of 2024 in S.A.SR.No.108697 of 2024
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 106 days in filing the above Second Appeal against the judgment and decree dated 01.09.2023 passed in A.S.No.19 of 2022, on the file of I Addl. District Court at Coimbatore confirming the judgment and decree passed in O.S.No.925 of 2014 dated 23.12.2021 on the file of II Addl. Sub-Court, Coimbatore.
- Mr.N.S.Suganthan, learned counsel for appellants submitted that
both the appellants are aged persons and due to age-related health issue, they are not able to contact their counsel and instruct him to file the appeal within a stipulated time and only during the last week of July 2024, the
gave instructions to file the Second Appeal. However, there is a delay of 106 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
2 issues framed by the court
Whether the delay of 106 days in filing the second appeal can be condoned due to health issues and advanced age of the appellants.
Whether the explanation regarding inability to contact counsel on time is justifiable for condonation of delay.
Parties & counsel
- appellant
Two aged appellants
- respondent
Respondent(s) undisclosed
Coram
T.V. THAMILSELVI
Case details
As recorded by the court registry
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