R.Rajeswari v. B.Padmanabhan

C.M.P. No. 23171 of 2024 in Rev. Appl.SR.No.137066 of 2023 C.M.P. No. 23171 of 2024 in Rev. Appl. SR.No.137066 of 2023 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 319 days in payment of deficit court fee in Rev.Appl. SR.No. 137066 of 2023.

2. Mr.C.V.Vijayakumar, learned counsel for petitioner submitted that the above Review Application was filed on 02.09.2024. He would submit that at the time of filing the above Review Application, he has paid a court fee of Rs.12,605/- based on an erroneous calculation by calculating the court fee at half of 3% on the value of Second Appeal based upon the Amendment in Tamil Nadu Court Fees and Suit Valuation Act, 1965. The Registry had instructed to pay deficit court fee at half of the 7.5% on the value of second appeal, which amounts to Rs.31,405/-. However, there is a delay of 319 days in the said payment arose and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition. Registry is directed to number the Review Application if it is otherwise found to be in order. 17.06.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 23171 of 2024 in Rev. Appl.SR.No.137066 of 2023 T.V.THAMILSELVI, J.

rpp C.M.P.No. 23171 of 2024 in Rev. Appl. SR. No. 137066 of 2023 17.06.2025 https://www.mhc.tn.gov.in/judis