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N. Vijayakumar Vs C. Ashok — Madras HC (2026) — LawSathi Research

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Madras HC
2026
N. Vijayakumar Vs C. AshokN. Vijayakumar v. C. Ashok

Allowed¶5

N. Vijayakumar v. C. Ashok

Madras HC1 Jul 2026CMP/17279/2025

Case brief

AI extract

What is this about?

Condonation of delay petition (CMP No. 17279 of 2025) under Section 41 Rule 3(A) of the Code of Civil Procedure; 294 days' delay in filing appeal AS.SR.No.80719/2025 against Judgment and Decree dated 12.04.2024 in O.S.No.108 of 2021 (III Additional District Judge, Tiruvallur at Poonamallee); appellants/defendants unrepresented before trial Court and led no evidence; offer to deposit entire suit amount in two installments as bona fides; respondent's counsel raised no serious objection; delay condoned and Registry directed to number the appeal forthwith. Parties: N. Vijayakumar (appellant) v. C. Ashok (respondent); advocates M. Marudhachalam and D. Lakshmipathy. Keywords: condonation of delay, Civil Miscellaneous Petition, appeal numbering, Madras High Court.

What did the court decide?

Delay of 294 days in filing AS.SR.No.80719/2025 condoned; petition ordered; Registry directed to number the Appeal forthwith if the papers are otherwise in order.

Why is it important?

Considering that the petitioners/defendants were not properly represented before the trial Court, let in no evidence on their side, and a decree has been passed, the delay of 294 days in filing the appeal is condoned and the Civil Miscellaneous Petition is ordered (allowed). ¶5

What the court decided

AI extract

Outcome

Delay of 294 days in filing AS.SR.No.80719/2025 condoned; petition ordered; Registry directed to number the Appeal forthwith if the papers are otherwise in order.

Issue for consideration

Whether the delay of 294 days in filing AS.SR.No.80719/2025 (the appeal against the Judgment and Decree dated 12.04.2024 in O.S.No.108 of 2021) should be condoned.

Court's answer

Considering that the petitioners/defendants were not properly represented before the trial Court, let in no evidence on their side, and a decree has been passed, the delay of 294 days in filing the appeal is condoned and the Civil Miscellaneous Petition is ordered (allowed).

Ratio / Principle

The Registry is directed to number the Appeal forthwith, if the papers are otherwise in order.

Detailed headnote1 paragraphs

Madras High Court (coram: N. Sathish Kumar and M. Jothiraman JJ.; order made by N. Sathish Kumar J.) allowed CMP No. 17279 of 2025 filed under Section 41 Rule 3(A) of the Code of Civil Procedure and condoned a delay of 294 days in filing AS.SR.No.80719/2025 against the Judgment and Decree dated 12.04.2024 in O.S.No.108 of 2021 on the file of the III Additional District Judge, Tiruvallur at Poonamallee. Although the Court found the reason assigned for the delay not satisfactory, it condoned the delay because the appellants/petitioners (defendants) were not properly represented before the trial Court and had not let in any evidence, resulting in a decree; counsel for the petitioners indicated readiness to deposit the entire suit amount in two installments within two months as bona fides, and counsel for the respondent raised no serious objection. The Registry was directed to number the Appeal forthwith if the papers were otherwise in order.

A

CMP No. 17279 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

CMP No. 17279 of 2025 AND AS SR NO. 80719 OF 2025

N. Vijayakumar

..Appellant(s)

Vs

C. Ashok

..Respondent(s)

CMP No. 17279 of 2025

Civil Miscellaneous Petition filed under Section 41 Rule 3(A) of Code of

Civil Procedure to condone the delay of 294 days in filing AS.SR.No.80719/2025 filed against the Judgment and Decree dated 12.04.2024

in O.S.No.108 of 2021 on the file of the III Additional District Judge, Tiruvallur at Poonamallee.

CMP No. 17279 of 2025

For Appellant(s): Mr.M.Marudhachalam For Respondent(s): Mr.D.Lakshmipathy

__________ Page1 of 4

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

CMP No. 17279 of 2025

ORDER

(Order of the Court was made by N.Sathish Kumar J.)

This petition has been filed to condone the delay of 294 days in filing the above Appeal.

2.The petitioners/defendants, in the affidavit filed in support of the petition, have stated that they could not engage a counsel to properly represent before the trial Court and only now, they are able to meet their counsel, and therefore, there is a delay.

3.Though the reason assigned by the petitioners for the delay is not satisfactory, now, it is submitted by the learned counsel for the petitioners that, to show their bona fides , the petitioners are ready to deposit the entire suit amount in two installments within a period of two months before the trial Court to the credit of the suit.

4.Mr.D.Lakshmipathy, learned counsel, appearing for the respondent, has

no serious objection for allowing this petition.

__________ Page2 of 4

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

CMP No. 17279 of 2025

5.Considering the aspect that the petitioners/defendants were not properly

represented before the trial Court and they have not let in any evidence on their side and a decree has been passed, we are inclined to condone the delay. Accordingly, the delay is condoned and this petition is ordered.

6.Registry is directed to number the Appeal, forthwith, if the papers are

otherwise in order.

(N.S.K.,J.) (M.J.R.,J.) 01-07-2026

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

MKN

To

The III Additional District Judge, Thiruvallur at Poonamallee.

__________ Page3 of 4

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

CMP No. 17279 of 2025

N.SATHISH KUMAR J. AND M.JOTHIRAMAN J.

MKN

CMP No. 17279 of 2025 AND AS SR NO. 80719 OF 2025

01-07-2026

__________ Page4 of 4

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the delay of 294 days in filing AS.SR.No.80719/2025 (the appeal against the Judgment and Decree dated 12.04.2024 in O.S.No.108 of 2021) should be condoned.¶¶25
The court held
Considering that the petitioners/defendants were not properly represented before the trial Court, let in no evidence on their side, and a decree has been passed, the delay of 294 days in filing the appeal is condoned and the Civil Miscellaneous Petition is ordered (allowed).ratio¶5

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil ProcedureSection 41 Rule 3(A)¶¶15

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and Decree dated 12.04.2024 in O.S.No.108 of 2021, challenged via the appeal whose filing delay is at issue¶¶16
III Additional District Judge, Tiruvallur at Poonamallee · 12.04.2024
Prior proceeding
Civil Miscellaneous Petition moved to condone a delay of 294 days in filing AS.SR.No.80719/2025 against the Judgment and Decree dated 12.04.2024¶¶16
Prior proceeding
The underlying suit O.S.No.108 of 2021 ended in a decree passed by the III Additional District Judge, Tiruvallur at Poonamallee; the defendants had let in no evidence on their side¶¶17
Prior proceeding
During hearing (order para 3), counsel for the petitioners submitted, to show bona fides, that the petitioners were ready to deposit the entire suit amount in two installments within two months before the trial Court; the Court observed the reason assigned for the delay was not satisfactory¶3
Prior proceeding
During hearing (order para 4), counsel for the respondent raised no serious objection to allowing the petition¶4

Parties & counsel

AI extract

appellant
N. Vijayakumar¶¶9
Mr.M.Marudhachalam
respondent
C. Ashok¶¶12
Mr.D.Lakshmipathy

Coram

AI extract

N. Sathish Kumarauthor¶¶24
M. Jothiramanmember¶¶7

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 1 Jul 2026 · July
Registered: 17 Jul 2025
Case no.: CMP/17279/2025
CNR: HCMA011146712025
Bench: N. Sathish Kumar M.jothiraman
Disposal: ORDERED
Case type: CMP

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Cite this judgement

N. Vijayakumar v. C. Ashok, CMP/17279/2025 (MAD), decided on 1 July 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil ProcedureSection 41 Rule 3(A)

View all statutes

Procedural history5

Judgment and Decree dated 12.04.2024 in O.S.No.108 of 2021, challenged via the appeal whose filing delay is at issueIII Additional District Judge, Tiruvallur at Poonamallee · 12.04.2024
Civil Miscellaneous Petition moved to condone a delay of 294 days in filing AS.SR.No.80719/2025 against the Judgment and Decree dated 12.04.2024
The underlying suit O.S.No.108 of 2021 ended in a decree passed by the III Additional District Judge, Tiruvallur at Poonamallee; the defendants had let in no evidence on their side

View full history

Bench / Coram

N. Sathish Kumar and M. Jothiraman

Parties & counsel