J.Chandran vs Smt. Rani Ramraj
2021 Latest Caselaw 22673 Mad

                                                                             C.R.P. (NPD) No.1241of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 18.11.2021

                                                              CORAM:

                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                         Civil Revision Petition (NPD) No.1241 of 2021

                     J.Chandran                                                   .. Petitioner

                                                                Vs.

                     Smt. Rani Ramraj                                              .. Respondent

                     PRAYER: Civil Revision Petition filed under Section 115 of the Code of
                     Civil Procedure, praying to set aside the fair and decreetal order dated
                     04.02.2021 in I.A.No.11 of 2019 in A.S.C.F.R. No.120 of 2018 passed by
                     the Sub Court, Udhagamandalam.

                                             For Petitioner      : Mr. A.Suresh Sakthi Murugan

                                             For Respondent      : Mr.P.K.Harinath Babu


                                                              ORDER

This Revision is directed against an order of the Appellate Court

passed in ASCFR No.120 of 2018, dismissing the application for

condonation of delay of 237 days in representing the appeal.

https://www.mhc.tn.gov.in/judis C.R.P. (NPD) No.1241of 2021

2. The Appeal was filed challenging the judgment and decree of the

Trial Court dated 22.09.2017. The Appeal was filed in time. The Appeal

was returned on the ground that there were certain typographical errors in

the judgment and decree of the Trial Court and a month’s time was granted

for representing the Appeal. The petitioner could not take steps to get the

mistakes corrected as he fell ill and he could not move the Trial Court for

correction of the mistakes immediately. Hence the delay of 237 days

occurred.

3. The learned Appellate Judge dismissed the application on the

ground that the petitioner has not given proper particulars in the application

seeking condonation of delay. I am unable to agree with the learned

Appellate Judge. The Hon’ble Supreme Court and this Court have

repeatedly held that the Courts must be liberal in condonation of delay and

when it is condonation of delay in representation, the same cannot be viewed

strictly and certain leverage should be given. The Appellate Judge has found

fault with the petitioner for not giving proper particulars.

https://www.mhc.tn.gov.in/judis C.R.P. (NPD) No.1241of 2021

4. The suit being one for declaration of title and consequential

injunction, I find that the petitioner should be given an opportunity to

contest the Appeal on merits. No doubt, the learned counsel appearing for

the respondent would very seriously oppose this revision, I do not think the

approach of the Appellate Court in dismissing an application for

condonation of delay in representation could be sustained.

5. Hence, this Revision is allowed, the delay of 237 days in

representing the Appeal is condoned. The Appellate Court namely, the Sub

Court, Udhagamandalam, is directed to number the Appeal and dispose it

off on merits in accordance with law. No costs.

18.11.2021

Index: Yes/No Internet: Yes Speaking order jv

https://www.mhc.tn.gov.in/judis C.R.P. (NPD) No.1241of 2021

R.SUBRAMANIAN, J.

jv

To

1. The Sub Judge, Udhagamandalam

2. The Section Officer, V.R.Section, High Court of Madras.

Civil Revision Petition (NPD) No.1241 of 2021

18.11.2021

https://www.mhc.tn.gov.in/judis