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2023 Supreme(Mad) 401

S. M. SUBRAMANIAM
V. Vinayagam (Deceased) Arutperunjothi – Appellant
Versus
Union of India, Rep. by the Secretary to Government of Pondicherry – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V. Srimathi.
For the Respondent: R. Sreedhar.

ORDER :

Prayer: C.M.P. No. 18895 of 2021 is filed under Order 41 Rule 3A of Code of Civil Procedure, to condone the delay of 1635 days in filing the appeal.

Prayer: A.S. No. 101068 of 2021 is filed under Section 96 of the Code of Civil Procedure, against the award in L.A.O.P. No. 58 of 2008, on the file of the III Additional District Court, Puducherry dated 29.07.2015.

1. The civil miscellaneous petition is filed to condone the delay of 1635 days in filing the Appeal Suit against the award passed in L.A.O.P. No. 58 of 2008 dated 29.07.2015.

2. The learned counsel for the petitioner contended that the delay occurred on account of the fact that the petitioner was not in a position to pay the Court Fee for want of funds and thus, there was a delay. Further, there was a delay in filing the copy application to get the certified copy of the award passed in L.A.O.P. No. 58 of 2008. The delay in filing copy application cannot be a ground to condone the enormous delay of 1635 days in filing the Appeal Suit. Further, even in case the parties state that they have no cash immediately, they can file it appropriately and thus, the very reason stated would be insufficient to condone the long delay of

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