A.Manickam v. Kanniammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2019

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA CRP(NPD).No.2091 of 2010 A.Manickam

...Petitioner

vs.

Kanniammal

...Respondent

PRAYER: Civil Revision Petition filed under Section 115 of Code of Civil Procedure against the consequential order dated 05.02.2004 in IA.No.77 of 2003 in A.S.S.R.No.11570/28.10.2002 passed by the Subordinate Judge, Kanchipuram.

For Petitioner : No appearance For Respondent : No appearance

O R D E R

No appearance on behalf of the civil revision petitioner and the respondent.

2. The present Civil Revision Petition is filed against the order passed in IA.No.77 of 2003 in A.S.S.R.No.11570/28.10.2002 on the file of the Subordinate Judge, Kanchipuram. The civil revision petitioner filed IA.No.77 of 2003 in A.S.S.R.No.11570/28.10.2002 on the file of the Subordinate Judge, Kanchipuram under Section 5 of the Limitation Act to condone the delay of 331 days in filing an appeal against the decree and Judgment dated 24.09.2001 in OS.No.61 of 1999 passed by the District Munsif, Uthiramerur.

3. The learned Subordinate Judge, Kanchipuram after analysing the evidence on record, allowed the said application on payment of costs of Rs.1000/- (Rupees Thousand only) to the respondent on or before 04.02.2004. Since, the costs of Rs.1000/- (Rupees Thousand only) was not paid by the present civil revision petitioner, the said application was dismissed on 05.02.2004, against which, the present Civil Revision Petition is filed.

4. In the instant case, though the civil revision petitioner was directed to take substituted service for the sole respondent, he did not take

steps till date. There is also no representation for the civil revision petitioner. In the facts and circumstances, the Civil Revision Petition is dismissed. No costs.

26.06.2019 mbi Index : Yes/No Speaking/Non-speaking order

R.HEMALATHA, J.

mbi To The Subordinate Judge, Kanchipuram.

CRP(NPD).No.2091 of 2010 26.06.2019