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2021 Supreme(Mad) 445

S.M.SUBRAMANIAM
Baby – Appellant
Versus
Union of India, Owning Southern Railway, Rep. by General Manager, Chennai – Respondent


Advocates Appeared:
For the Petitioners:B. Manoharan, Advocate.
For the Respondent: Batta due.

JUDGMENT :

(Prayer: CMP No.606 of 2021 is filed under Section 23(3) of Railway Claims Tribunal, to condone the delay of 224 days in filing the appeal, against the order dated 15.03.2019 made in O.A.(II-U) 56/2018 on the file of the Railway Claims Tribunal, Chennai.

CMA SR No.12859 of 2020 is preferred against the order dated 15.03.2019 made in O.A.(II-U) 56/2018 on the file of the Railway Claims Tribunal, Chennai.)

1. The Miscellaneous Petition on hand is filed under 23(3) of the Railway Claims Tribunals Act, to condone the delay of 224 days in filing the Civil Miscellaneous Appeal, against the order dated 15.03.2019 made in O.A.(II-U) 56/2018 on the file of the Railway Claims Tribunal, Chennai.

2. Uncondonable delay cannot be condoned in a routine manner. Law of limitation is substantive. Litigations / appeals are expected to be filed within the period of limitation as contemplated under the Statutes. Rule is to follow limitation. Condonation of delay is an exception. Exceptions are to be exercised discreetly, if the reasons furnished are genuine and acceptable. The Courts are vested with the discretion to condone the delay. This does not mean that enormous delay are to be condoned me

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