M.D.Sampathkumar v. Devaraj

in SA.No.SR90705 of 2020 M.SUNDAR, J Captioned CMP is with a prayer for 'Condonation of Delay' [COD].

2. Mr.P.Saravana Sowmiyan, learned counsel for petitioner and Mr.V.P.K.Gowtham, learned counsel for lone respondent are before this virtual Court.

3. Adverting to earlier proceedings made yesterday i.e., 29.06.2021, Mr.V.P.K.Gowtham submits that he was held up in another virtual Court and therefore, could not join this Court. Learned counsel expresses regret in this regard.

4. Be that as it may, adverting to supporting affidavit, more particularly paragraph 6, learned counsel for petitioner submitted that coordination between counsel and ill health of the litigant are the primary reasons besides a lapse in applying for certified copies.

5. Learned counsel for respondent submitted that there was a lapse on the part of counsel and therefore, the petitioner cannot predicate this COD prayer on that basis.

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6. This Court, having heard learned counsel on either side and having perused the supporting affidavit of COD application, having noticed that a party/litigant should not suffer in a case of this nature owing to an error which he is not responsible for, is inclined to accede to COD prayer and therefore, following order is passed:

Delay condoned. CMP ordered as prayed for. No costs. 30.06.2021 kmi 2/3

M.SUNDAR, J kmi 30.06.2021 3/3