Chennai

Holding that in the absence of any valid reason, a long delay cannot be condoned, Justice SM Subramaniam dismissed the civil miscellaneous petition filed to condone the delay of 281 days in filing the appeal challenging the judgment in a partition suit.

“The courts have taken a clear view that the intention of the parties in filing appeal belatedly after causing prejudice to the interest of the other parties, then also the delay cannot be condoned by exercising the power of discretion. Therefore, all these aspects are to be considered. The mechanical or routine approach is impermissible, may be permissible in respect of the delay of short span and not otherwise,” Justice Subramaniam said.

He also noted that the in the present plea the only reason stated by the petitioner for the delay is that he is living in a remote village in Tiruvannamalai and that he is a diabetic patient suffering from ortho problem. He also submitted that he was unable to trace his trial lawyer.

“Such reasons cannot be accepted as the diabetic or ortho problem are the usual issues for many citizens and therefore, the delay has not been properly explained before this court, to grant condonation,” the judge added before dismissing the plea.

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