Poongavanam v. Selvi

T.RAJA, J.

The Civil Miscellaneous Petition has been filed to condone the delay of 479 days in filing the above Civil Miscellaneous Appeal. 2.

Learned Legal Aid Counsel appearing on behalf of the petitioners would submit that the petitioners are poor. Therefore, they are not in a position to prosecute the matter due to poverty. Hence, they approached the Legal Aid Committee. Since the said Committee has taken time to process the application, a long delay has occurred. Finally, she has been appointed. Further, the Legal Aid Counsel had to make arrangements for collecting the papers from the petitioners. Therefore, the delay is neither willful nor wanton, but only due to the bona fide reasons.

3.

Heard the learned Counsel for the 5th respondent. There is no representation for the respondents 1 to 4.

4.

This Court, taking note of the fact that the present petition has been filed through the Counsel appearing from the Legal Aid Committee and also taking note of the contention made by the Counsel for the petitioners that only 1/2

T.RAJA, J.

tsi due to the delay in collecting the papers, the said delay has occurred, inclined to condone the delay of 479 days in filing the above Appeal. 5.

In the result, the delay of 479 days in filing the above appeal is condoned and the petition is allowed.

14.08.2019 Note:

Registry to number the CMA and post next week tsi CMP.No.21663 of 2017 in CMA.SR.26300 of 2014 2/2

Tr.CMP.437 of 2019 19.07.2019 3/2