B.Munusamy(Died) Rep. by Lrs. 1.PATTU v. Jamuna

Madras HC11 Mar 2025CMP/6765/2024

Case brief

AI extract

What is this about?

Madras High Court (T.V.ThamilSelvi J., 11-03-2025) condones 939-day delay in filing Second Appeal against the AS.No. 24 of 2018 decree of the Subordinate Judge, Thiruvallur affirming the O.S.No. 214 of 2007 decree of the District Munsif, Thiruvallur; cause: bundle misplaced during counsel's office shift, traced January 2024; conditional condonation with Rs.1000/- cost to respondent's counsel; impleadment-of-legal-heirs objection left outstanding without prejudice.

What did the court decide?

Delay of 939 days in filing the Second Appeal condoned; petition allowed subject to payment of Rs.1000/- as costs to the learned counsel for the 1st respondent within two weeks; Registry directed to number the Second Appeal if otherwise in order and post it on 25.03.2025. ¶24-25

B.Munusamy(Died) Rep. by Lrs. 1.PATTU Vs Jamuna — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 939 days in filing the Second Appeal against the judgment and decree in AS.No. 24 of 2018 should be condoned.

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Court's answer

The explanation in the petitioners' affidavit - that the case bundle was misplaced during shifting of the appellants' counsel's office and could not be filed within the stipulated time - was held to be justifiable, with the pendency of the suit since 2007 and avoidance of multiplicity of proceedings weighing in favour of condonation.

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Ratio / Principle

The delay-condonation petition was allowed without prejudice to the objections raised by the learned counsel for the 1st respondent, on condition that the petitioners pay a cost of Rs.1000/- to the learned counsel for the 1st respondent within two weeks from receipt of the order copy.

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Key takeaways

The Registry was directed to number the Second Appeal if otherwise found to be in order and to post the matter on 25.03.2025.ratio¶24-25

Detailed headnote1 paragraphs

Condonation of delay - 939 days' delay in filing Second Appeal (CMP No. 6765 of 2024 in SA SR No.2870 of 2024) against judgment and decree dated 09.03.2021 in AS.No. 24 of 2018 of the Subordinate Judge, Thiruvallur, affirming judgment and decree dated 20.07.2015 in O.S.No. 214 of 2007 of the District Munsif, Thiruvallur - delay attributed to misplacement of the case bundle while the appellants' counsel shifted office, traced only in the first week of January 2024 - explanation held justifiable; suit pending since 2007 and avoidance of multiplicity of proceedings favoured condonation - petition allowed without prejudice to the 1st respondent's objections regarding impleadment of legal heirs of the deceased appellant, on condition of Rs.1000/- costs to the 1st respondent's counsel within two weeks - Registry directed to number the Second Appeal if otherwise in order and post it on 25.03.2025.

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CMP No. 6765 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11-03-2025

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CORAM

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THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

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CMP No. 6765 of 2024

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SA SR No.2870 of 2024

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B.Munusamy(died) Rep. By Lrs. 1.Pattu and 7 others

Appellant(s)

JAMUNA

Respondent(s)

PRAYER

To condone the delay of 939 days in filing S.A against the Decree and Judgement in AS.No. 24 of 2018 dated 09.03.2021 on the file of the Subordinate Judge, Thiruvallur affirming the judgment and decree dated 20.07.2015 in O.S.No. 214 of 2007, on the file of District Munsif, Thiruvallur.

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For Appellant(s): Mr. Suriyamuthu N For Respondent(s): Mr R Krishnaswamy For R1 RR 2 To 6 - Vacated

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

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CMP No. 6765 of 2024

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ORDER

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This Civil Miscellaneous Petition has been filed seeking to condone the delay of 939 days in filing the above Second Appeal against the judgment and decree dated 09.03.2021 passed in AS.No. 24 of 2018 on the file of the Subordinate Judge, Thiruvallur affirming the judgment and decree dated 20.07.2015 in O.S.No. 214 of 2007, on the file of District Munsif, Thiruvallur.

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Mr.N.Suriyamuthu, learned counsel for petitioners submitted that while shifting the office of counsel, the bundle was misplaced and mixed up other disposed bundles, so, it could not be traced out. Hence, the petitioners are not able to file the Second Appeal within a stipulated time. Thereafter, only during the 1st week of January 2024, it was traced out. Subsequently, they gave instructions to file the Second Appeal. However, there is a delay of 939 days in filing the above second appeal arose, which is neither wilful nor wanton. Therefore, he filed this petition to condone the delay in filing the above second appeal.

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Mr. R.Krishnaswamy, learned counsel for 1st respondent/plaintiff appeared and raised strong objections stating that proper application was not filed to implead legal heirs of deceased appellant Munusamy. But, on perusal of cause title, the appellant Munusamy is shown as deceased appellant, represented by his legal heirs and filed this petition. Hence, there is a technical https://www.mhc.tn.gov.in/judis error arose. Accordingly, he prayed to dismiss this petition.

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CMP No. 6765 of 2024

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

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petitioner in the affidavit stating that due to misplace of bundle during shifting the office of appellants counsel, it could not be filed within a stipulated time, which seems to be justifiable one and to avoid multiplicity of proceedings and the fact that the suit is pending from the year of 2007, this court is inclined to get over the technicality without prejudice to the objections raised by the learned counsel for 1st respondent and to allow this petition on condition that the petitioners shall pay a cost of Rs.1000/- payable to the learned counsel for 1st respondent within a period of two weeks from the date of receipt of copy of this order. Registry is directed to number the Second Appeal if it is otherwise found to be in order and post the matter on 25.03.2025.

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11-03-2025

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rpp

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Index:Yes/No Speaking/Non-speaking order Internet:Yes

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Neutral Citation:Yes/No

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N.B. : Issue order copy on 14.03.2025 To

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