Rajarathinam v. Marimalliga

CMP.No.8276 of 2017 in S.A.SR30345 of 2011 M.SATHYANARAYANAN, J.

The matter has been called twice and on both occasions, there is no representation on behalf of the respondent.

2. The learned counsel appearing for the petitioner/appellant has drawn the attention of this Court to paragraph Nos.6 and 7 of the affidavit filed in support of this petition and would submit that delay has occurred on account of reasons cited above and it cannot be construed as neither willful nor wanton and prays for condonation of delay of 572 days in representing the second appeal.

3. This Court, upon perusal of paragraphs 6 and 7 of the affidavit filed in support of this petition, is of the view that the delay in representation has been sufficiently explained by the petitioner.

4.

Hence, this Civil Miscellaneous Petition is ordered, condoning the delay of 572 days in representing the Second Appeal.

Registry is directed to number the Second Appeal, if the papers are otherwise in order and list it for admission and also print the name of the counsel for the respondent.

07.06.2017 jvm

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