The court dismissed a petition to condone a delay of 1225 days in filing a first appeal, finding the reasons for delay unsatisfactory. Consequently, the underlying first appeal was rejected.
Petition to condone delay dismissed; appeal rejected.
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.
C.M.P.(MD).No.4612 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.01.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.M.P.(MD).No.4612 of 2022 in
A.S.(MD).SR.No.1265 of 2022
P.T.Pattukumar .. Petitioner/Appellant
Vs.
1.R.Anitha Jayanthi
2.S.Rajasekar
3.The State Bank of India, represented by its Chief Manager, No.306, Beach Road, Tuticorin.
.. Respondents/Respondents
PRAYER in C.M.P.(MD).No.4612 of 2022: Civil Miscellaneous Petition
filed under Section 5 of Limitation Act, praying to condone the delay of 1225 days in filing the appeal suit.
Page 1 of 4
C.M.P.(MD).No.4612 of 2022
PRAYER in A.S.(MD).SR.No.1265 of 2022: Appeal filed under Section 96 of Civil Procedure Code, praying to call for the records and set aside the judgment and decree passed in O.S.No.37 of 2012 dated 10.11.2016 on the file of II Additional District Judge, Tuticorin.
For Petitioner : Mr.M.Natarajan
For R-1 & R-2 : Mr.Marshall
ORDER
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
This Civil Miscellaneous Petition is filed to condone the delay of 1225 days in filing the first appeal against the judgment and decree passed by the II Additional District Court, Tuticorin in O.S.No.37 of 2012 dated 10.11.2016.
Page 2 of 4
C.M.P.(MD).No.4612 of 2022
appeal cannot be entertained. Accordingly, the Civil Miscellaneous Petition is dismissed. There shall be no order as to costs. Consequently, A.S. (MD).SR.No.1265 of 2022 is rejected.
(G.J.,J.) (C.K.,J.) 12.01.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To
1.The II Additional District Court, Tuticorin. 2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
Page 3 of 4
C.M.P.(MD).No.4612 of 2022
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
C.M.P.(MD).No.4612 of 2022 in A.S.(MD).SR.No.1265 of 2022
12.01.2024
Page 4 of 4
1 issue framed by the court
Whether the delay of 1225 days in filing the first appeal could be condoned under Section 5 of the Limitation Act?
2 provisions across 2 enactments
P.T.Pattukumar
R.Anitha Jayanthi
S.Rajasekar
The State Bank of India
G.Jayachandran
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
