Madras High Court
The Dean vs Vijayakumari on 3 January, 2023
CRP SR No.28628 of 2020
And
CMP No.22610 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03-01-2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
CRP SR No.28628 of 2020
And
CMP No.22610 of 2022
1.The Dean,
Government Medical College Hospital,
Thiruvarur Munsif and Taluk,
Thiruvarur District.
2.The District Collector,
District Collector Office,
Thiruvarur Munsif and Taluk,
Thiruvarur District. .. Petitioners/Appellants
vs.
Vijayakumari .. Respondent/Respondent
CMP 22610 of 2022 is filed under Order 4, Rule 9(4) of AS Rules
to condone the delay of 985 days in representing CRP SR No.28628 of
2020.
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CRP SR No.28628 of 2020
And
CMP No.22610 of 2022
CRP SR 28628 of 2020 is filed under Section 115 of Code of
Civil Procedure, against the judgment and decree dated 17.12.2019 passed
in IA No.151 of 2019 in OS No.20 of 2015 on the file of the learned Sub
Judge, Thiruvarur.
For Petitioners/Appellants
in CMP/CRP SR : Mr.P.Harish,
Government Advocate (CS).
COMMON ORDER
The delay of 985 days in re-presentation is sought to be
condoned in CMP No.22610 of 2022.
2. The only reason stated by the petitioners is that the bundle
was misplaced and the date and other details regarding any such
misplacement or otherwise has not been explained.
3. Perusal of the affidavit filed in support of the civil
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CRP SR No.28628 of 2020
And
CMP No.22610 of 2022
miscellaneous petition reveals that there is no acceptable reason for the
purpose of condoning such a long delay of 985 days. Uncondonable delay
cannot be condoned by the Courts in a routine manner.
4. Delay can be condoned only if the reasons are acceptable
and genuine. Law of limitation is substantive and condonation of delay is an
exception. Thus unexplained delay cannot be condoned in a mechanical
manner.
5. In the present case, CRP SR No.28628 of 2020 was filed on
17.12.2019 against the order passed in IA No.151 of 2019 in OS No.20 of
2015 on the file of the learned Subordinate Judge, Thiruvarur. Though the
Civil Revision Petition was filed within the time limit, the Registry returned
the papers noting certain defects and the petitioners have not re-presented
the case papers by complying the defects within the time limit. Except by
stating that the delay is neither willful nor wanton, but due to the reason that
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CRP SR No.28628 of 2020
And
CMP No.22610 of 2022
the bundle was misplaced is unacceptable. Such a blanket statement made if
accepted would cause prejudice to he other parties, since the delay is
enormous and more than 2-1/2 years.
6. That apart, in respect of the very same issue, another Civil
Revision Petition was filed by the very same petitioners in CRP SR
No.146353 of 2022. In the said case, this Court passed an order on
23.12.2022 and directed the petitioners herein, namely, The Dean of the
Government Medical College Hospital, Thiruvarur and the District
Collector, Thiruvarur have to pay compensation to the victim, who lost her
vision on account of surgery conducted in the Government Hospital.
7. For all these reasons, this Court is not inclined to condone
the delay, since the petitioners have not stated any acceptable reason for
condoning such a huge delay in re-presentation.
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CRP SR No.28628 of 2020
And
CMP No.22610 of 2022
8. Accordingly, CMP No.22610 of 2022 stands dismissed.
Consequently, CRP SR No.28628 of 2020 stands rejected. However, there
shall be no order as to costs.
03-01-2023
Speaking Order/Non-Speaking Order.
Neutral Citation : Yes/No.
Internet : Yes/No.
Index: Yes/No.
Svn
To
1.The Sub Judge,
Sub Court,
Thiruvarur.
2.The Dean,
Government Medical College Hospital,
Thiruvarur Munsif and Taluk,
Thiruvarur District.
3.The District Collector,
District Collector Office,
Thiruvarur Munsif and Taluk,
Thiruvarur District.
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CRP SR No.28628 of 2020
And
CMP No.22610 of 2022
S.M.SUBRAMANIAM, J.
Svn
CRP SR No.28628 of 2020
And
CMP No.22610 of 2022
03-01-2023
https://www.mhc.tn.gov.in/judis
