S. M. SUBRAMANIAM
A. S. L. Pauls College of Engineering and Technology – Appellant
Versus
M. Total Instrumentation Solutions Represented by its Proprietor M. Mazkurie Alam – Respondent
ORDER :
The uncondonable delay cannot be condoned by the Courts in a routine manner. Meagre delay in filing the appeal suit may be condoned, provided the reasons stated are acceptable and the parties, who all are preferring an appeal are expected to be vigilant in pursuing the matter.
2. In the present case, the appellant is the defendant in the suit filed by the respondent for recovery of money. The suit was decreed by the Trial Court on 30.10.2017 in OS No.429 of 2014. The appellant herein filed an appeal suit with a delay of 1,739 days (about 4-1/2 years).
3. Perusal of the affidavit filed in support of the condone delay petition reveals that the delay occurred on account of the closure of the appellant-College and they suffered financial loss. The said reason is unconnected with the appeal suit to be filed within the time limit against the judgment and decree passed in money suit in OS No.429 of 2014. Except the said reason, there is no convincing reason for the purpose of condoning such an enormous delay in filing the appeal suit. In the event of condoning such long delay in a routine manner, there is likelihood of causing prejudice to the other parties, who is the decree holder,
N. Balakrishnan vs. M.Krishnamurthy (1998) 7 SCC 123
N. Balakrishnan versus M. Krishnamurthy
M.K. Prasad versus P. Arumugam
Ram Nath Sao @ Ram Sahu & Others versus Gobardhan Sap & Others
C. Subraniam versus Tamil Nadu Housing Board rep. by its Chairman And Managing Director
Kandaswamy and four others vs. Krishnamandiram Trust, Karur
Postmaster General and others vs. Living Media India Limited and another) (2012) 3 SCC 563
Ramlal and others vs. Rewa Coalfields Ltd. [AIR 1962 SC 361]
Ajit Singh Thakur Singh and anr. vs. State of Gujarat (1981) 1 SCC 495
G. Jayaraman vs. Devarajan) 2007 (2) CTC 643
K.M. Balasubramaniam vs. C. Loganathan and another) 2011 (2) MWN(Civ) 741
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.