P.Chinnadurai vs M.Rathinam
2021 Latest Caselaw 4755 Mad

                                                                                 C.R.P(MD)No.206 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 23.02.2021

                                                        CORAM

                                  THE HON'BLE MRS.JUSTICE J.NISHA BANU

                                              C.R.P(MD)No.206 of 2021

                      P.Chinnadurai                                              ... Petitioner

                                                           vs.

                      M.Rathinam                                                 ... Respondents

                              Petition filed under Article 227 of Constitution of India, against
                      the fair and decreetal order passed by the Sub Court, Sankarankovil, in
                      I.A.No.36 of 2017 in unnumbered A.S.No. of 2017 on 12.07.2019.


                                    For Petitioners    : Mr.M.Jothi Basu
                                    For Respondent     : Mr.R.J.Karthick


                                                       ORDER

This Civil Revision Petition has been filed against the order passed

by the learned Judge dismissing the application in I.A.No.36 of 2017 to

condone the delay of 1371 days in filing the appeal against the judgment

and decree passed in O.S.No.15 of 2011 dated 21.03.2013 on the file of

the Principal District Munsif Court, Sankarankovil, for recovery of

money.

http://www.judis.nic.in

C.R.P(MD)No.206 of 2021

2.The learned counsel for the petitioner/defendant would state that

the revision petitioner has got good case on merits and the Court below

ought to have taken pragmatic view in considering the delay condonation

petition and instead of throwing the matter on technicalities, the Court

below ought to have condoned the delay to enable the revision petitioner

to contest the appeal on merits. Thus, he would pray to set aside the

impugned order.

3.Heard the learned counsel for the petitioner as well as the

respondent.

4.Perusal of record shows that the suit in O.S.No.15/2011 has been

filed by the respondent/plaintiff against the revision petitioner/defendant

for recovery of money and the suit was decreed on 21.03.2013.

Thereafter, the petitioner/defendant had filed the above appeal with the

delay of 1371 days. The delay is very enormous. The petitioner has not

given valid or sufficient reason to condone such huge delay. The suit has

been decreed as early as 21.03.2013 and only after having entered

appearance in E.P with an intention to drag on the case, the petitioner

has now come forward to file the above appeal with the delay of 1371

http://www.judis.nic.in

C.R.P(MD)No.206 of 2021

days and the learned Judge has rightly dismissed the above I.A to

condone the delay in filing the appeal, where, I do not find any infirmity.

5.Accordingly, the Civil Revision Petition is dismissed. No costs.

                      Index        : Yes / No
                      Internet     : Yes / No
                      bala/msa                                                   15.02.2021

                      To

                      1)The Sub Judge,
                      Sankarankovil.

                      2)The Record Keeper,
                      Vernacular Section,

Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in

C.R.P(MD)No.206 of 2021

J.NISHA BANU, J.

bala/msa

ORDER MADE IN C.R.P(MD)No.206 of 2021 DATED : 15.02.2021

http://www.judis.nic.in