Karuppiah v. The State of Tamilnadu
Case brief
What is this about?
Condonation of delay refused — restoration petition; bare ill-health plea, no material, no sufficient cause; Section 5 Limitation Act discretion declined; CMP dismissed; S.A.(MD)SR.No.29901 of 2018 rejected at SR stage; underlying delay of 4346 days in second appeal under Section 100 CPC against A.S.No.13 of 2005 (Subordinate Judge, Ramanathapuram) confirming O.S.No.14 of 2002 (District Munsif, Ramanathapuram); CMP dismissed for default on 26.06.2019; parties Karuppiah, Chinnathambi, Valli, Panchavarnam v. State of Tamil Nadu (District Collector, Ramanathapuram) and Tahsildar, Ramanathapuram; Madurai Bench of Madras High Court; single judge K.MURALI SHANKAR.
What did the court decide?
The petitioners' sole explanation for the delay was ill-health; it was neither elaborated nor supported by any material, and apart from it no other explanation was assigned for the inordinate delay of 2338 days in filing the restoration petition.