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2023 Supreme(Mad) 464

S. M. SUBRAMANIAM
Muthayyan – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowment Board, Government of Tamil Nadu – Respondent


Advocates Appeared:
For the Petitioner: Mr. P.T. Nalin Kumar.
For the Respondent:Mr. K. Karthikeyan Government Advocate (HR & CE).

ORDER :

The civil miscellaneous petition is filed to condone the delay of 1335 days in filing the Appeal Suit against the judgment and decree dated 05.09.2017 passed in O.S.No.27 of 2007.

2. The reasons sated in the affidavit filed in support of the civil miscellaneous petition reveals that the petitioner engaged Mr. P. Kuppusamy, Advocate at Kallakurichi for conducting the Suit. His clerk one Mr. Ramakrishnan, after the dismissal of the Suit on 05.09.2017 received a some of Rs.1000/- from the petitioner for getting the certified copy of the decree and judgment from the Trial Court. However, he has not obtained the certified copy in time and therefore, the petitioner could not file an Appeal. It is further contended that the petitioner could not contact the learned counsel Mr. P. Kuppusamy, who appeared for him in the Suit.

3. The communication between the lawyer and the litigant is privileged communication and such communications cannot be considered by the Court for the purpose of condoning the long delay of 1335 days in filing an Appeal. The reasons must be substantive and in the absence of any such evidence to establish the reasons, the Court cannot condone the long delay in a mec

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