Petitioner challenged dismissal of his application to condone a 753-day delay in filing an appeal against dismissal of his money recovery suit. His claim of illness was contradicted by his admission that he had appeared in other cases in the same court complex; the revision petition was dismissed.
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C.R.P.(NPD).No.290 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.(NPD).No.290 of 2021
Balu @ Chinnasamy ... Petitioner vs Ravishankar ... Respondent
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the order dated 23.09.2020 made in I.A.No.01 of 2019 in Unnumbered A.S.No. of 2019 on the file of the Principal District Court, Dharmapuri by allowing this Civil Revision Petition.
For Petitioner : Mr.K.Sathish Kumar For Respondent : Not Ready in Notice
ORDER
The Civil Revision Petition is filed challenging the order passed by the First Appellate Court dismissing the application filed by the petitioner seeking to condone the delay of 753 days in filing first appeal. 1/4
C.R.P.(NPD).No.290 of 2021
During the cross examination, he clearly admitted that he appeared before the
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C.R.P.(NPD).No.290 of 2021
other Court and conducted cases in the very same Court Complex. Therefore, it is clear the petitioner appeared before other Courts in the very same Court Complex and conducted other cases. Further, the reason stated by the petitioner that he had taken native treatment for diabetics and blood pressure and hence, there was a delay of nearly two years in filing appeal is not acceptable to this Court.
04.03.2024
Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
To
The Principal District Court, Dharmapuri.
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C.R.P.(NPD).No.290 of 2021
S.SOUNTHAR, J.
dm
C.R.P.(NPD).No.290 of 2021
04.03.2024
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1 issue framed by the court
Was the First Appellate Court justified in refusing to condone a 753-day delay in filing the first appeal against dismissal of a money recovery suit?
1 provisions across 1 enactments
Balu @ Chinnasamy
Ravishankar
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
