Purushothaman v. Nedumaran
Case brief
What is this about?
This court allowed a condonation of delay petition filed to represent the second appeal suit. The petitioner was directed to pay costs to the State Legal Services Authority as a condition.
What did the court decide?
Condonation of 276 days delay allowed; petitioner directed to pay Rs. 1000 to Legal Services Authority within one week.
What the court decided
C.M.P.No. 23370 of 2024 in A.S.SR.Nos.128146 of 2023
C.M.P.No.23370 of 2024 in A.S.SR.No. 128146 of 2023
T.V. THAMILSELVI, J.
Challenging the judgment and decree passed in O.S.No.95 of 2019, the petitioner preferred the above Appeal Suit, however there is a delay of 276 days in representing the above appeal arose. Hence, the present petition has been filed to condone the delay in representing the appeal suit.
- Mr.R.Bharath Kumar, learned counsel for petitioner submitted that
the above Appeal Suit was returned for rectifying certain defects on 09.10.2023 and after taking returns, he had instructed the appellant to submit deposition and exhibits marked in the suit for preparing typed set of papers. He has handed over the same only during the month of December 2023, however, since Clerk attached with their office was died on 04.01.2024, they could not locate the returned papers and it could not be traced immediately. Thereafter, after due search, it was traced out, however, there is a delay of 276 days arose in representing the above second appeal and the said delay caused is neither willful nor wanton, but for the above
C.M.P.No.23370 of 2024 in A.S.SR.No. 128146 of 2023
Issues for consideration
1 issue framed by the court
Whether the delay of 276 days in representing the second appeal can be condoned.
Parties & counsel
- applicant
Petitioner
Coram
T.V. THAMILSELVI
Case details
As recorded by the court registry
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