Mahendiran v. Rajenderan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 1110 of 2025 AND SA SR NO. 104731 OF 2021 MAHENDIRAN and another Appellant(s) Vs RAJENDERAN and 5 Others Respondent(s) For Appellant(s) :

Mrs.V.Srimathi

ORDER

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 1146 days in payment of deficit court fee in the above appeal.

2. Mrs.V.Srimathi, learned counsel for petitioner submitted that while preferring the above second appeal, due to inadvertence, the court fee payable was wrongly calculated and hence, a deficit court fee is to be affixed in the above appeal. However, there is a delay of 1146 days in the said payment arose and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, she has filed the above petition.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one, this court is inclined to allow this petition. Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on the third week of February 2025.

27.01.2025 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 1110 of 2025 in S.A.SR.. No. 104731 of 2021 27.01.2025