Allowed

N.Rajan v. S.Anwar Nizath

Madras HC1 Jun 2026CMP(MD)/2406/2026

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a Civil Miscellaneous Petition filed by the petitioner to condone a delay of 347 days in filing an appeal suit. The Court accepted the petitioner's explanation regarding a misplaced document bundle made by their previous counsel and permitted the petition subject to payment of costs.

What did the court decide?

The Civil Miscellaneous Petition is allowed on payment of costs of Rs.5,000 by the petitioner to the 1st respondent.

N.Rajan Vs S.Anwar Nizath — Civil Procedure and Limitation | Madras HC (2026)

¶1

CMP(MD) NO. 2406 of 2026

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 01-06-2026

¶4

CORAM

¶5

THE HONOURABLE MR JUSTICE P.VADAMALAI

¶6

CMP(MD) NO. 2406 of 2026

¶7

¶8

AS(MD) SR NO. 13487 of 2026

N.Rajan

Petitioner(s)

1.S.Anwar Nizath

2.The Tamilnadu Mercantile Bank Limited, The Head Office Tuticorin, Rep. by its Manager, Mathandam Branch, Marthandam - 629 165.

¶14

3.Pushpa Raj

¶15

Respondent(s)

¶16

For Petitioner(s):

¶17

Mr.Suresh S, Advocate

¶18

For Respondent(s):

¶19

Mr.T.Antony Arul Raj, Advocate for R1

¶20

R2 & R3 – No Appearance

¶21

1/4

¶22

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

¶23

CMP(MD) NO. 2406 of 2026

¶24

Prayer :

¶25

Prayer : Civil Miscellaneous Petition is filed under Section 5 of Limitation Act to condone the delay of 347 days in filing the present Appeal Suit against the Judgment and Decree dated 27.09.2024 in O.S.No.58 of 2016 on the file of the learned Additional District Judge, Kuzhithurai.

¶26

ORDER

¶27

This Civil Miscellaneous Petition has been filed to condone the delay of 347 days in filing the Appeal Suit in A.S.(MD)SR No.13487 of 2026 before this Court.

¶28

Heard the learned counsel appearing on either side and perused

¶29

the affidavit filed in support of this petition as well as the counter affidavit filed by the 1^st respondent.

¶30

The names of the 2^nd and 3^rd respondents have been printed in

¶31

the cause list.

¶32

The learned counsel for the petitioner submitted that, since the bundle had been misplaced in the office of the learned counsel who

¶33

2/4

¶34

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

¶35

CMP(MD) NO. 2406 of 2026

¶36

appeared for the petitioner before the trial Court, the petitioner could not file the appeal within the prescribed time. He further submitted that the petitioner is ready to pay costs.

¶37

Considering the facts and circumstances of the case, and the

¶38

duration of the delay, this Court is inclined to allow this petition subject to payment of costs. Accordingly, this Civil Miscellaneous Petition is allowed on payment of costs of Rs.5,000/- (Rupees Five Thousand only)

¶39

by the petitioner to the 1^st respondent, on or before 15.06.2026 .

¶40

List the matter under the caption “For Reporting Compliance”

on 16.06.2026 .

01-06-2026

mkn

3/4

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

¶46

CMP(MD) NO. 2406 of 2026

¶47

P.VADAMALAI, J.

¶48

mkn

¶49

CMP(MD) NO. 2406 of 2026 IN AS(MD) SR NO. 13487 of 2026

¶50

01.06.2026

¶51

4/4

¶52

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

N.Rajan v. S.Anwar Nizath

Case brief

What is this about?

What did the court decide?

N.Rajan v. S.Anwar Nizath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S.R.Murugan @ Naveen Vs P.Rajendran

T.Palanivel Vs P.Madhivanan

Karuppaiah, Vs Subbiah (Died), 1.Muthiah @ Mani

Valliammal Vs a. Chelladurai

Ponniah Vs Radhika

The Bajaj Allianz General Insurance Company Limited, Vs Alagumuthuraja