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Perumal (Died), Ramayee (Died) 1. Selvambal v. Maruthairajan

Court Fee / Condonation of Delay – Deficit court fee

Madras HC5 Mar 2025CMP/4976/2025

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Case brief

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What is this about?

Madras High Court (T.V. Thamilselvi J., 05-03-2025) allows CMP Nos. 4976 & 4981 of 2025 in SA SR Nos. 63833 & 63834 of 2022 (Perumal (died), Ramayee (died), Selvambal and others v. Maruthairajan; State of Tamil Nadu): condones 946-day delay in payment of Rs. 100 deficit court fee/stamp duty in each Second Appeal; Registry to number appeals if otherwise in order; next posting 02.04.2025. No statute or precedent discussed.

What did the court decide?

Delay of 946 days in payment of deficit court fee condoned in both C.M.P.s; Registry directed to number the Second Appeals if otherwise found to be in order and to post the matter on 02.04.2025. ¶38

Perumal (Died), Ramayee (Died) 1. Selvambal Vs Maruthairajan — Madras HC (2025) — LawSathi Research

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CMP No. 4976 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-03-2025

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CORAM

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THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

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CMP No. 4976 of 2025 & CMP NO. 4981 OF 2025

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SA SR NO. 63833 OF 2022,SA SR NO. 63834 OF 2022

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CMP No. 4976 of 2025

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Perumal (died), Ramayee (died) 1. Selvambal and 4 others

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Appellant(s)

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MARUTHAIRAJAN

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Respondent(s)

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CMP No. 4981 of 2025

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Ramayee (died) 1. Selvambal

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Appellant(s)

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MARUTHAIRAJAN

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https://www.mhc.tn.gov.in/judis

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CMP No. 4976 of 2025

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2.The State of Tamil Nadu Rep by Dist.Collector, Perambalur Dist.

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Respondent(s)

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CMP No. 4976 of 2025

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PRAYER

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To condone the delay in 946 days paying the deficit stamp duty of Rs. 100 (Rupees One Hundred Only) in SR No.63833/2022 date 22.07.2022.

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CMP No. 4981 of 2025

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PRAYER

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To condone the delay in 946 days paying the deficit stamp duty of Rs.100/(Rupees One Hundred only) in SR No.63834/2022 date 22.07.2022.

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For Appellant(s) in Mr. T. Jayaramaraj both C.M.P.s:

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ORDER

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These Civil Miscellaneous Petitions have been filed seeking to condone the delay of 946 days in payment of deficit court fee in the above Second Appeals.

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Mr.T.Jayaramaraj, learned counsel for petitioners submitted that while preferring the above Second Appeals, due to inadvertence, the court fee payable was wrongly calculated and full court fee was not paid. Later, he came to know that deficit court fee was affixed in the above appeal. However, there is a delay of 946 days in the said payment arose and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the

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above petitions.

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https://www.mhc.tn.gov.in/judis

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CMP No. 4976 of 2025

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Considering the facts and circumstances, and the reasons stated by the

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petitioners in the affidavit seems to be justifiable one, this court is inclined to allow these petitions. Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on 02.04.2025.

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05-03-2025

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rpp Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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https://www.mhc.tn.gov.in/judis

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CMP No. 4976 of 2025

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T.V.THAMILSELVI J.

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rpp