Muruganandham And 4 Others v. Govindhammal

C.M.P.No. 24915 of 2024 in S.A. SR. No. 119062 of 2024 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 126 days in payment of deficit court fee of Rs.262.50/- in the above appeal.

2. Mr.R.Ganesh Kumar, learned counsel for petitioners submitted that at the time of filing appeal, court fee was paid only a sum of Rs.100/- as against the requisite fee of Rs.362.50/-. Hence, it was returned for compliance. Since the first petitioner is an aged person, having age-related ailments and constraints, he is only following the counsel at Puducherry, however, his counsel on record instructed his presence in Chennai for compliance. But, due to illness, he could not come down immediately to Chennai and hand over necessary documents. Hence, there is a delay of 126 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 25.11.2024.

11.11.2024 https://www.mhc.tn.gov.in/judis

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