The court emphasized that in cases affected by the Covid-19 pandemic, the rigid application of the law of limitation is not necessary.

JUDGMENT :

Prayer: Application filed under Order XIV Rule 10(xi) of Original Side Rules read with Section 5 of the Limitation Act and Section 151 of C.P.C., to condone the delay of 270 days in filing the appeal against the order passed by the learned Master dated 10.03.2020 in A.No.8907 of 2019 in C.S.No.491 of 2019.

1. The defendants in C.S.No.491 of 2019 has filed this application under Order XIV Rule 10(xi) of Original Side Rules read with Section 5 of the Limitation Act, seeking the relief to condone the delay of 270 days in filing the appeal against the order dated 10.03.2020 in A.No.8907 of 2019 in C.S.No.491 of 2019 passed by the learned Master.

2. Heard Mr.K.Bijai Sundar, learned counsel representing Mr.A.Balasingh Ramanujam for the applicants/defendants and Mr.K.V.Babu, learned counsel appearing for the respondent/plaintiff through Video Conferencing.

3. The respondent/plaintiff in this application has filed the above referred suit under Order XXXVII Rule 1 of C.P.C. for a recovery of a sum of Rs.4,59,50,225/- (Rupees Four Crores Fifty Nine Lakhs Fifty Thousand Two Hundred and Twenty Five Only) together with interest @ 25% per annum, on the principal sum of Rs.4,18,00,000/- from the date of plaint to till the date of realisation. When at the time, the proceedings are pending before the learned Master in respect to leave to defend, on 10.03.2020, the learned Master allowed the said application, with a condition directing the applicants/defendants to furnish security for a sum of Rs.4.50 crores on or before 24.03.2020.

4. Aggrieved over the same, the applicants/defendants, are decided to file an appeal before this Court but the same could not be done, within a period of limitation as stipulated in the Original Side Rules. Therefore, the applicants/defendants herein filed this application for the relief to condone the delay of 270 days in filing the said appeal.

5. The learned counsel appearing for the applicants/defendants would contend that though the time for filing the appeal expires on 18.03.2020, due to the running temperature, the 1st applicant/1st defendant had been advised to take some tests to identify the corona virus. Therefore, he was advised to be quarantined and could not leave the house to contact anybody. In the meantime, national lock down was announced on 22.03.2020 and therefore, he was not in a position to file the appeal, within a period as stipulated in the Rules.

6. Further case of the applicants is that, after recovering from his illness, when at the time he has contacted his Advocate, it was found out that the certified copy of the order passed by the learned Master was ready on 01.12.2020 only. Further, the learned counsel for the applicants was also informed to the applicants that he was not attending the physical hearing and therefore, the applicants are not in a position to file the appeal, within a time and therefore, condoning the delay of 270 days in filing the appeal is necessary for enabling the applicants to project their case for better appreciation.

7. In response to the contention raised by the learned counsel appearing for the applicants/defendants, the learned counsel appearing for the respondent/plaintiff filed a counter affidavit and opposed the application filed by the applicants in manifolds.

8. The learned counsel appearing for the respondent would contend that the provision under which, the present application has been filed for condoning the delay of 270 days is applicable to the Master Court only. But without appreciating the same, the applicants herein filed this application after quoting a wrong provision.

9. The learned counsel would further contend that for filing appeal against the order passed by the learned Master, the certified copy of the order is not required under law, but the applicants herein, after suppressing the same, preferred this application. Further, the same has not been represented before the learned Master on 27.11.2020 wherein the case was posted for reportin