Muthuvel v. Poorani

C.M.P.No. 28558 of 2024 in S.A. SR. No. 157297 of 2023 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 347 days in payment of deficit court fee of Rs.920/- in the above second appeal.

2. Mr.G.Dhinesh, learned counsel for petitioners submitted that at the time of filing appeal, due to an error in calculation, there was a deficit court fee paid. However, the case papers were misplaced along with other papers and after due search, it was traced out recently. Hence, there is a delay of 347 days in payment of the said amount 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 23.01.2025.

12.12.2024 rpp https://www.mhc.tn.gov.in/judis