C.R.P.(NPD) No.592 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2021

C O R A M

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

C.R.P.(PD) No.592 of 2021

and

C.M.P. No.5113 of 2021

D. Mani,

... Petitioner

Vs.

1. P. Yuvarajan,

2. D. Shanmugam,

3. P. Gandeepan,

4. P. Murugan,

5. The Tahsildar,

6. State rep. by its

District Collector,

Kanchipuram District,Kanchipuram ... Respondents

Prayer: This Civil Revision Petition filed under Section 115 of CPC

against the order and decree passed in I.A. No.01 of 2021 in A.S. Sr.

No.974 of 2020 dated 03.02.2021 on the file of the Sub-Court,

Kanchipuram.

For Petitioner

... Mr. S.Sivakumar

For Respondents .... No Appearance

****

O R D E R

This Civil Revision Petition under Section 115 of CPC to direct

the lower Court to number the appeal filed by the petitioner in I.A.No.01

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of 2021 in A.S.Sr.No.974 of 2020 dated 03.02.2021 on the file of the

Sub-Court, Kanchipuram.

2. According to the petitioner, the 1st respondent herein is the

plaintiff in the suit in O.S.No.45 of 2014 under Order VII Rules 1 and 2

and Section 26 of C.P.C, which has been filed against the petitioner, 2nd

and 3rd respondents herein seeking for granting declaration that the

plaintiff is absolute owner of the suit property with recovery of

possession from the 1 to 4 defendants in default, the Hon'ble Court

recover the same from the defendant's through court of law and to

declare that the 5^th defendant issued a patta in favour of 1 and 2

defendants and 3 and 4 defendant's father under patta Nos.253, 566, 574

is null and void and not binding upon the plaintiff's title and for cost. The

Trial Court has allowed the aforesaid suit by Judgment and decree dated

9.12.2019. The first defendant/petitioner herein had filed an appeal in

A.S. Sr.No.974 of 2020 before the Sub-Court, Kanchipuram and

meanwhile, Execution Petition was also filed by the 1st

respondent/decree holder on 3.9.2020. Meanwhile, the said appeal

grounds was returned for compliance granting one month time for

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representation. ie. to be represented on or before 28.03.2020. The

petitioner is not able to represent the same, as the appeal papers were

taken by counsel's friend one Renuka and kept the same in her locker and

left the native place at Madurai to attend the family function. At the same

time, unfortunately, due to the declaration of the Nation-wide lock down,

the papers which were kept in the court premises, could not be procured

as the Court has not allowed anyone to enter the premises for taking

papers from the lockers and the same was able to be taken out from the

locker only on 17.9.2020. Hence, he could represent the same with the

delay of 285 days. The appeal papers could not be represented earlier

because it was not wilful or wanton act but only due to the Nationwide

lock down. Hence, he prays that the delay of 285 days may be condoned

in representing the appeal papers in I.A. No.1 of 2021 in A.S.Sr.No.974

of 2020.

3. The learned counsel for the petitioner further submitted that as

per the Honble Apex Court order dated 03.08.2021, in Suo Motu Writ

Petition (Civil) No.3 of 2020 in RE. COGNIZANCE FOR EXTESION

OF LIMITION wherein directions were issued that during the pandemic

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period all the delay should be condoned by all the Court in throughout

India and the Court below ought to have condoned the delay in

representation of the delay of 285 days in I.A.No.01 of 2021 in

A.S.Sr.No.974 of 2020.

4. In view of the Apex Court's order during the pandemic period

with regard to condonation of delay as submitted by the learned counsel

for the petitioner, the Court below is directed to number the said

A.S.Sr.No