High Court · 2020

CMP No. 5149 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24-04-2025CORAMTHE HONOURABLE DR JUSTICE ANITA SUMANTHANDTHE HONOURABLE MR.JUSTICE C.KUMARAPPANCMP No. 5149 of 2024AND OSA SR NO. 163878 OF 20231. H.M.SubrahmanyaS/o.H.M.Narayana Bhat, Old No.91, New No.12, 1st Floort, Natrrajan Street, Dhanalakshmi Colony Extension I, 110, Saligraman, Chennai 600 093Appellant(s)Vs1. N.ChandrasekaranS/o.V.K.Natesan, No.61,1st Main Road, Besant Nagar, Chennai 600 090 Md.Bhupathy (Deceased) Represented By LRS 2, 6 to 82.B.ArunS/o.Late.M.D.Bhupathy, No.32, Shandayathapani nagar, 1st Street, Kotturpuram, Chennai 600 0853.S.M.ShivasankarS/o.H.M.Narayanan Bhat, Old No.91, New No.12, 1st Floor, nataarajan Street, Dhanalakshmi Colony Extension I, 110, https://www.mhc.tn.gov.in/judis CMP No. 5149 of 2024Saligrama, Chennai 600 0934.VenugopalOld No.91, New No.12, 1st Floor, nataarajan Street, Dhanalakshmi Colony Extension I, 110, Saligrama, Chennai 600 0935.S.N.RajaOld No.91, New No.12, 1st Floor, nataarajan Street, Dhanalakshmi Colony Extension I, 110, Saligrama, Chennai 600 0936.HemaW/o.Late.M.D.Bhupaty, No.32, Dhandayathapani Nagar, 1st Street, Kottupuram, Chennai 600 0857.AshokS/o.Late.M.D.Bhupaty, No.32, Dhandayathapani Nagar, 1st Street, Kottupuram, Chennai 600 0858.AarathiD/o.Late.M.D.Bhupaty, No.32, Dhandayathapani Nagar, 1st Street, Kottupuram, Chennai 600 085Respondent(s)CMP No. 5149 of 2024PRAYERTo condone the delay of 628 days in filing the above mentioned Original Side Appeal https://www.mhc.tn.gov.in/judis CMP No. 5149 of 2024CMP No. 5149 of 2024For Appellant(s):K. SurendranathFor Respondent(s):Rr3 To 5 - Givenup Vide In Eb R1-no Appearance. 2, 6 To 8 - Notice Not ReadyORDER(Order of the Court was made by Dr.Anita Sumanth J.)This Miscellaneous Petition was originally filed seeking condonation of delay of 628 days in filing the Original Side Appeal. We had earlier found that in computing the delay, the petitioner had erroneously excluded the period relating to the covid pandemic, being the period 15.03.2020 to 28.02.2022.2. As far as the exclusion on account of the covid pandemic is concerned, that is not liable to be accepted bearing in mind the ratio laid down by the Supreme Court in Sagufa Ahmed and others V. Upper Assam Polywood Products Private Limited and others ((2021) 2 SCC 317), the relevant portion of which reads as follows:16. To get over their failure to file an appeal on or before 18.03.2020, the appellants rely upon the order of this Court dated 23.03.2020 in Suo Motu Writ Petition (Civil) No.3 of 2020. It reads as follows:“1. This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid19 Virus and resultant difficulties that may be faced by litigants across the country in filing their https://www.mhc.tn.gov.in/judis CMP No. 5149 of 2024petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State).2. To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.3. We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.4. This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction.5. Issue notice to all the Registrars General of the High Courts, returnable in four weeks.”17. But we do not think that the appellants can take refuge under the above order. What was extended by the above order of this Court was only “the period of limitation” and not the period upto which delay can be condoned in exercise of discretion conferred by the statute. The above order passed by this Court was intended to benefit vigilant litigants who were prevented due to the pandemic and the lockdown, from initiating proceedings within the period of limitation prescribed by general or special law. It is needless to point out that the law of limitation finds its root in two latin maxims, one of which is Vigilantibus Non Dormientibus Jura Subveniunt which means that the law will assist only those who are vigilant about their rights and not those who sleep over them. https://www.mhc.tn.gov.in/judis CMP No. 5149 of 20243. We had hence directed the petitioner to file a better affidavit. As per the affidavit filed on 12.03.2025, the delay has been computed at a figure of 1768 days. 4. As far as the delay is concerned, the reasons set forth by the petitioner are that he had participated in the suit by filing a written statement. Even the judgment and decree dated 14.02.2019 reflects his presence through counsel. However, he submits that there was no effective participation by him since he had suffered a stroke in late 2017 and had been seriously debilitated thereafter. He had been undergoing medical treatment owing to complications from the stroke and has, between pages 151 and 179 of the compilation accompanying the petition, filed voluminous medical records indicating the treatment undergone for issues involving brain and kidney. 5. Notice was ordered to the respondents, including paper publication and all the respondents, barring 3 to 5, who were given up, have been served and their descriptions printed in the cause list. None appears on their behalf.6. We are convinced with the reasons set out in the accompanying affidavit and bearing in mind the voluminous medical records filed, the delay of https://www.mhc.tn.gov.in/judis CMP No. 5149 of 20241768 days in filing the Original Side Appeal is condoned and this Miscellaneous Petition is ordered. 7. Registry is directed to number the Original Side Appeal, if it is otherwise in order, and list the same for admission.(ANITA SUMANTH J.)(C.KUMARAPPAN J.)sl24-04-2025 https://www.mhc.tn.gov.in/judis CMP No. 5149 of 2024TO1.N.ChandrasekaranS/o.V.K.Natesan, No.61,1st Main Road, Besant Nagar, Chennai 600 090 Md.Bhupathy (Deceased) Represented By LRS 2, 6 to 82.B.ArunS/o.Late.M.D.Bhupathy, No.32, Shandayathapani nagar, 1st Street, Kotturpuram, Chennai 600 0853.S.M.ShivasankarS/o.H.M.Narayanan Bhat, Old No.91, New No.12, 1st Floor, nataarajan Street, Dhanalakshmi Colony Extension I, 110, Saligrama, Chennai 600 0934.VenugopalOld No.91, New No.12, 1st Floor, nataarajan Street, Dhanalakshmi Colony Extension I, 110, Saligrama, Chennai 600 0935.S.N.RajaOld No.91, New No.12, 1st Floor, nataarajan Street, Dhanalakshmi Colony Extension I, 110, Saligrama, Chennai 600 0936.HemaW/o.Late.M.D.Bhupaty, No.32, Dhandayathapani Nagar, 1st Street, Kottupuram, Chennai 600 085 https://www.mhc.tn.gov.in/judis CMP No. 5149 of 20247.AshokDr.ANITA SUMANTH J.ANDC.KUMARAPPAN,J.slS/o.Late.M.D.Bhupaty, No.32, Dhandayathapani Nagar, 1st Street, Kottupuram, Chennai 600 0858.AarathiD/o.Late.M.D.Bhupaty, No.32, Dhandayathapani Nagar, 1st Street, Kottupuram, Chennai 600 085CMP No. 5149 of 2024AND OSA SR NO. 163878 OF 202324.04.2025