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Madras High CourtCMP/17309/2021ordered

C. Madeshwaran v. N.Prakash

2022-09-19Honourable Mr Justice S. Sounthar4 pages

in CRP.SR.No.11607 of 2020 S.SOUNTHAR,J.

The revision petitioner has come with this petition to condone the delay of 112 days in filing the revision petition.

2. The petitioner, in the affidavit filed in support of the petition, has stated that his counsel on record before the Lower Court was hospitalized due to serious illness and ultimately he died on 15.07.2019. The impugned order in the revision was passed on 03.07.2019 and the same was not intimated to the petitioner due to illness and subsequent death of the Counsel.

3. The respondent filed counter opposing the petition to condone the delay. Though the respondent, in his counter, generally denied the averments in para No.5 of petitioner affidavit, there is no specific denial with regard to the fact that the counsel on record for the petitioner suffered serious illness and he ultimately passed away.

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S.SOUNTHAR,J., dna

4. Having satisfied with the reason given by the petitioner in the affidavit filed in support of petition to condone the delay of 112 days, this Court is inclined to condone the delay.

5. Hence, this petition is ordered and the delay is condoned.

6. The Registry is directed to number the revision, and post it for admission. The Registry is further directed to print the name of Mr.V.Rajamohan, learned counsel for the respondent, who filed vakalat in condone delay petition, when the Civil Revision Petition is listed for admission. 19.09.2022 (2/2) dna in CRP.SR.No.11607 of 2020 2/2

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