The Executive Engineer vs Kuppammal
2022 Latest Caselaw 77 Mad

                                                                 C.R.P.(NPD).No.2925 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 03.01.2022

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                              C.R.P.(PD).No.2925 of 2021
                                                         and
                                               C.M.P.No.21015 of 2021

                     1.The Executive Engineer,
                        TNEB, Ranipet.
                     2.The Assistant Executive Engineer,
                        TNEB, Ranipet.
                     3.The Junior Engineer,
                        TNEB, Ranipet.


                                                                              .. Petitioners
                                                           Vs.
                     1.Kuppammal
                     2.Mythili
                     3.Revathy
                     4.Rekha
                     5.Sumathi                                                .. Respondents




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https://www.mhc.tn.gov.in/judis
                                                                        C.R.P.(NPD).No.2925 of 2021

                     PRAYER: Civil Revision Petition filed under Section 115 of the Code of
                     Civil Procedure, praying to set aside the fair and decreetal order dated
                     16.03.2021 made in I.A.No.1 of 2019 in A.S.No.Nil of 2019 against
                     O.S.No.97 of 2013 on the file of the Subordinate Court, Ranipet, Vellore
                     District, by allowing the above CRP.
                                              For Petitioners     : Mrs.J.Hemalatha

                                                             ********

                                                            ORDER

Challenge in this Revision is to the order of the appellate Court viz.,

Sub - Court, Ranipet dismissing the application seeking condonation of

delay of 492 days in filing the appeal against the decree and judgment made

in O.S.No.97 of 2013 on the file of the learned District Munsif, Walaja.

2. Only reason that has been assigned for the delay is that the appeal

could not be filed due to the work pressure. It can hardly be termed as a

sufficient cause within the meaning of Section 5 of the Limitation Act.

3. The learned appellate Judge was therefore justified in dismissing

the application for condonation of delay. Hence, the Revision fails and it is

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https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.2925 of 2021

accordingly dismissed. No costs. Consequently, the connected

miscellaneous petition is closed. It is open to the Tamil Nadu Electricity

Board to recover the cost of the suit and damages incurred because of the

decree from the Officials who are responsible for the delay in filing the

appeal.

03.01.2022

dsa Index : No Speaking order

To The Subordinate Court, Ranipet, Vellore District.

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https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.2925 of 2021

R.SUBRAMANIAN, J.

dsa

C.R.P.(NPD).No.2925 of 2021

03.01.2022

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