D.ANANDHAN Vs. R.KALAVATHI

JUDGEMENT

(1.) Leave granted. Though served, nobody appears on behalf of the respondents. Even in the order dtd. 22/11/2021, it was observed that though served, nobody appears on behalf of the respondent(s). Still one additional opportunity is/was given to the respondent(s) to contest the Special Leave Petition. The respondents have failed to avail even the additional opportunity also.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 19/2/2020 : (Reported in AIROnline 2020 Mad 554) passed by the High Court of Judicature at Madras in CMP No. 12398 of 2019 by which the High Court has dismissed the appeal preferred by the appellant-herein on the ground of limitation and has refused to condone the delay of 247 days in preferring the appeal, the original appellant has preferred the present appeal.

(3.) Having heard the learned counsel appearing on behalf of the appellant and the cause shown before the High Court for the delay of 247 days caused in preferring the appeal, we are the opinion that the High Court ought to have condoned the delay. It appears that there was no deliberate delay on the part of the appellant. Even it was not the case before the High Court that by filing the first appeal in delay, the appellant was going to be benefited.