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Madras High CourtCMP/8515/2021ordered

Johnson (Since Deceased) v. Ruckmani

2021-10-05Honourable Mr Justice G. Chandrasekharan3 pages

in C.R.P.SR.No.7017 of 2021 G.CHANDRASEKHARAN, J.

This Civil Miscellaneous Petition is filed for condoning the delay of 37 days in filing the Civil Revision Petition. 2.

The learned counsel for the petitioners submitted that, the ex parte decree was passed against the first petitioner's husband in O.S.No.84 of 2018 on 02.01.2019. I.A.No.1 of 2019 was filed for condoning the delay of 130 days in filing the petition to set aside the ex parte order. Conditional order was passed and the petitioner was not able to comply with the condition, therefore, I.A.No.1 of 2019 was dismissed. Against the said order, he preferred this Civil Revision Petition. 3.

Due to corona, the Civil Revision Petition could not be filed in time. There is a delay of 37 days in filing the Civil Revision Petition, therefore, the learned counsel for the petitioners prayed for condoning the delay for giving them an opportunity to contest the suit. There is no representation for the respondent on 28.09.2021 and today. This 1/3

petition is filed only to condone the delay of 37 days in filing the Civil Revision Petition.

4.

Considering the reasons stated by the learned counsel for the petitioners that, the petition could not be prepared because of the prevailing pandemic situation, this Court is inclined to condone the delay of 37 days in filing the Civil Revision Petition. 5.

Accordingly, this Civil Miscellaneous Petition is allowed.

6.

Registry is directed to number the Civil Revision Petition, if it is otherwise in order.

05.10.2021 psa / sri 2/3

G.CHANDRASEKHARAN, J.

psa / sri in C.R.P.SR.No.7017 of 2021 05.10.2021 3/3