Narikuravas v. R.Balu (Died)
C.M.P.Nos.20598 & 20601 of 2022 C.M.P.Nos.20598 & 20601 of 2022 in S.A.(SR).No.79978 of 2019 C.V.KARTHIKEYAN,J., C.M.P.No.20598 of 2022 had been field seeking to condone the delay of 945 days in representing the Second Appeal in S.A.(SR).No.79978 of 2019.
2. In the affidavit filed in support of the petition, it had been stated that the papers were returned by the registry and the papers were misplaced in the office during Dussehra cleaning work and thereafter, the papers were represented and that there is a delay of 945 days.
3. In order to give an opportunity to examine the Second Appeal on its merits, I would condone the delay of 945 days.
4. C.M.P.No.20601 of 2022 had been filed, seeking to condone the delay of 1233 days in paying the deficit Court fees of Rs.30/-.
5. In the affidavit filed in support of the petition, it had been stated that the Court fee had been miscalculated while filing the Appeal. It had been stated that such miscalculation was neither willful nor wanton. 1/2 https://www.mhc.tn.gov.in/judis
C.M.P.Nos.20598 & 20601 of 2022 C.V.KARTHIKEYAN,J., ssi
6. Again, in order to provide necessary opportunity to contest the Second Appeal on its merits, I would condone the delay of 1233 days.
7. In view of the above reasoning, both the Civil Miscellaneous Petitions are allowed.
8. Registry is directed to number the above Second Appeal in S.A.(SR).No.79978 of 2019, if it is otherwise in order and list the same for hearing.
12.12.2022 ssi C.M.P.Nos.20598 & 20601 of 2022 in S.A.(SR).No.79978 of 2019 2/2 https://www.mhc.tn.gov.in/judis