M.Nedunchezhiyan v. Anthony (Deceased) 1. Anbu Mary

C.M.P.No. 25794 of 2024 in S.A. SR. No. 27386 of 2024 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 184 days in payment of deficit court fee of Rs.8306/- in the above appeal.

2. Ms.D.Hemapriya, learned counsel for petitioner submitted that at the time of filing appeal, due to inadvertent mistake, deficit court fee was paid. Hence, it was returned for compliance. Since the first petitioner is an aged person and due to illness, he could not come down immediately to Chennai and instruct his counsel to represent the same. Hence, there is a delay of 184 days in making 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 petitioners in the affidavit seems to be justifiable one, this court is inclined to allow this petition. Registry is directed to number the above Appeal if it is otherwise found to be in order and post the matter on 11.12.2024.

20.11.2024 rpp https://www.mhc.tn.gov.in/judis