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2002 Supreme(Mad) 37

K.GNANAPRAKASAM
Bhuvaneswari – Appellant
Versus
R. Elumalai – Respondent


Advocates Appeared
Mr. P. Seshadri, Advocate for Petitioner. Mr.K.S.V.Sadhasivam, Advocate for Respondent.

Judgment :

1. Therevision petitioner is the plaintiff in an unnumbered OS of 1997 on the file of the District Munsif, Arni.

2. The plaintiff filed the suit for recovery of the amount due under a promissory note. The plaint was returned and the same was represented after 457 days. An application was filed on behalf of the plaintiff to condone the delay and the same was dismissed by the trial court by the order dated 27.9.2000. Aggrieved by the same, the plaintiff has preferred this revision petition.

3. The plaintiff, in the affidavit filed in support of the petition, has stated that the plaint was returned and the same was misplaced with the other bundles and only in the said circumstances, the same could not be represented in time and the same was represented after 457 days and the delay in representation of the plaint was not wanton and deliberate.

4. The respondent, in his counter, has stated that the delay cannot be condoned and there was no merit in the petition.

5. The trial court, in its order, had observed that the plaint was filed by affixing court fee to the value of Rs.2. The plaint was returned, granting three weeks' time for the payment of deficit court fees. The plai















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