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2023 Supreme(Mad) 101

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


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Neethi Perumal

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,

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