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2023 Supreme(Mad) 455

S. M. SUBRAMANIAM
S. Rajamanickam – Appellant
Versus
Parvathiammal (Died) – Respondent


Advocates Appeared:
For the Appellant : Ms. T. Sreelekha for Mr. D. Rajagopal.
For the Respondents: Ms. Zeenath Begum.

ORDER :

CMP No.17880 of 2021 is filed under Order 41, Rule 3A of the Code of Civil Procedure to condone the delay 356 days in filing the appeal against the judgment and decree dated 12.04.2005 passed by the learned Additional District Judge, Fast Track Court No.I, Coimbatore in OS No.823 of 2004.

2. AS SR No.73050 of 2006 is filed under Section 96 r/w Order 41, Rule 1 of CPC against the judgment and decree dated 12.04.2005 passed by the learned Additional District Judge, Fast Track Court No.I, Coimbatore in OS No.823 of 2004.

3. The Trial Court passed the judgment and decree in OS No.823 of 2004 on 12.04.2005 and the Appeal Suit was instituted with a delay of 356 days. There was a consistent delay in pursuing the Appeal Suit filed by the appellant before the High Court Registry. The delay occurred at the stage when the case papers were returned by the High Court Registry and there was a delay of 2231 days in re-presenting the case papers by the appellant.

4. Again the case papers were returned by the High Court Registry on the ground that there was a deficit of Court Fee and even for complying with the said defect, the appellant took further delay of 2245 days in paying the deficit Cou

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