← Library
Madras High CourtCMP/1276/2023ordered

Pachaiyammal v. Alamelu

2023-03-15Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P.No. 1276 of 2023 in C.R.P. SR. No. 144214 of 2022 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 59 days in filing the petition to set aside the order of the court below in I.A.No.772 of 2020 in O.S.No.301 of 2016 dated 22.07.2022 passed by the learned Principal Sub-Judge, Kallakurichi.

2. Mr.N.Ganeshmurthy, learned counsel for petitioner submitted that due to her ill-health, the petitioner was not able to contact his counsel in time for representation and after her recovery, she contacted him. Subsequently, she applied for order copy and obtained the same during November 2022. However, there is a delay of 90 days arose in filing the above C.R.P. and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition and Registry is directed to number the Civil Revision Petition if it is otherwise found to be in order. 15.03.2023 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 1276 of 2023 in C.R.P.SR.No. 144214 of 2022 15.03.2023 https://www.mhc.tn.gov.in/judis