Condonation of delay in payment of deficit court fee under Section 149 CPC; High Court accepts affidavit reasons and allows petition.
Delay of 110 days in paying deficit court fee of Rs. 56,075/- condoned; registry directed to number the Civil Miscellaneous Petition if otherwise in order. ¶¶27-¶29
The delay of 110 days in payment of deficit court fee is condoned in view of the reasons stated in the supporting affidavit; the registry is directed to number the Civil Miscellaneous Petition if otherwise in order. ¶¶27-¶29
CMP No. 32127 of 2025 in C.M.A.SR.120352 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-12-2025
CORAM
THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
CMP No. 32127 of 2025 in C.M.A. SR.No.120352 of 2025
The Divisional Manager New India Assurance Co Ltd, No.1, CSI Buildings First Floor, Officers’ Line, Vellore District.
..Appellant(s)
Vs
W/o. Elumalai, Res. at No. 281, Vasantha Nagar, Usambadi Village, Thurinjapuram Post, Tiruvannamalai Taluk and District.
S/o. Elumalai, Res. at No. 281, Vasantha Nagar, Usambadi Village, Thurinjapuram Post, Tiruvannamalai Taluk and District.
__________ Page 1 of 3
CMP No. 32127 of 2025 in C.M.A.SR.120352 of 2025
5. Muthukumar
S/o. Sivanantham, No. 76/2, 5th Cross Street, Palaniappan Nagar, Vanagaram, Chennai.
..Respondent(s)
PRAYER – This Civil Miscellaneous Petition is filed under Section 149 of C.P.C., 1908 to Condone the delay of 110 days in paying the deficit Court fee of Rs. 56,075/-.
For Appellant(s): Mr.Sp. Chockalingam
O R D E R
(Order of the Court was made by C.V.Karthikeyan J.)
In view of the reasons stated in the affidavit filed in support of the above petition, delay in payment of deficit Court fee is condoned.
2.Registry is directed to number the Civil Miscellaneous Petition, if it is
otherwise in order.
(C.V.K.,J.) (K.B.,J.)
19-12-2025
GSA
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CMP No. 32127 of 2025 in C.M.A.SR.120352 of 2025
C.V.KARTHIKEYAN, J. AND K.KUMARESH BABU, J.
GSA
CMP No. 32127 of 2025 in C.M.A. SR.No.120352 of 2025
19-12-2025
__________ Page 3 of 3
1 issue framed by the court
Whether the delay of 110 days in paying the deficit court fee of Rs. 56,075/- should be condoned under Section 149 CPC.¶¶23
1 provisions across 1 enactments
How this case reached the court
Civil Miscellaneous Appeal bearing SR.No.120352 of 2025 pending before the High Court¶¶1, ¶7, ¶23
C.V. Karthikeyanauthor¶¶5-¶6, ¶26
K. Kumaresh Babuconcurring¶¶5-¶6
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
