The Madras High Court condoned a 72-day delay in filing an Original Side Appeal under Section 5 of the Limitation Act based on sufficient cause explained in the affidavit.
The delay in filing the Original Side Appeal was condoned and the petition was ordered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP. 28189 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-12-2024 CORAM
THE HONOURABLE MR JUSTICE S.S. SUNDAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL
CMP. 28189 of 2024 in
O.S.A.SR.No.142768 of 2024
K.SHANMUGHASUNDARAM S/O.LATE KANNABIRAN, NO.28, SABAPATHY STREET, AYANAVARAM, CHENNAI 600 023.
APPELLANT(S)
Vs
1.J.CATHERINE NO.159/49, SOLAI 1ST STREET, AYANAVARAM, CHENNAI 600 023 AND OTHERS
RESPONDENT(S)
Prayer in C.M.P.No.28189 of 2024 : Civil Miscellaneous Petition filed under Order XIV Rule 8 of Original Side Rules r/w. Section 5 of the Limitation Act to condone the delay of 72 days in filing the Original Side Appeal in O.S.A.SR.No.142768 of 2024.
Prayer in O.S.A.SR.No.142768 of 2024 : Original Side Appeal filed under Order XXXIX
Rule 9 of Original Side Rules r/w. Clause 15 of the Letters Patent against the order and decree dated 11.07.2024 in Appln.No.2535 of 2024 in O.P.No.539 of 2021 on the file of this Court.
For Appellant(s):
MR. KANNAN T
For Respondent(s):
MR. M.S.MANI FOR R7
ORDER
(Order of the Court was made by the Hon'ble S.s. Sundar J)
This petition is filed to condone the delay of 72 days in filing the above Original Side
Appeal.
(S.S. SUNDAR J.) (P. DHANABAL J.) 10-12-2024
M.KANNAN
1 issue framed by the court
Whether the delay in filing an Original Side Appeal can be condoned under Section 5 of the Limitation Act.
2 provisions across 2 enactments
K.SHANMUGHASUNDARAM
J.CATHERINE AND OTHERS
S.S. Sundar
P. Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
