← Library
Madras High CourtCMP/18900/2023ordered

Arumugam Nainar v. Rajamani

2023-08-24Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P.No. 18900 of 2023 in Rev. Appl. SR No. 3160 of 2020 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 545 days in filing the present Review Application.

2. Mr. R.Rajamohan, learned counsel appearing for petitioner submitted that the Second Appeal was dismissed as early as on 11.06.2018 and the copy of order was made ready on 26.07.2018. He would submit that due to unaware of dismissal of Second Appeal and also due to petitioner's ill-health, he unable to contact his counsel and to instruct him to file a Review Application. In view of the same, there is a delay of 545 days was occurred in filing the above review petition. The delay is neither willful nor wanton. Hence, he has filed this petition to condone the delay.

3. Mr.V.Srikanth, learned counsel for 3rd respondent appeared and he has raised formal objections in allowing this petition.

4. Considering the facts and circumstances, and also considering the reasons stated by the petitioner in the affidavit is justifiable one, this court is inclined to allow this petition.

24.08.2023 rpp Note :- Registry is directed to number the above petition if the same are otherwise found to be in order and post the matter on 15.09.2023. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No.18900 of 2023 in Rev.Appl.SR No. 3160 of 2020 24.08.2023 https://www.mhc.tn.gov.in/judis