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Madras High CourtA/2897/2022allowed

A.Perumal v. A.Thangaraj

2022-07-22Honourable Mr Justice Krishnan Ramasamy2 pages

A.No.2897 of 2022 A.No.2897 of 2022 in O.P.No.152 of 2021 KRISHNAN RAMASAMY.J., This application has been filed by the applicant/petitioner, seeking to restore the O.P.No.152 of 2021 which was dismissed for default on 31.03.2022 by this Court due to non-prosecution.

2. According the applicant/petitioner, he was not informed the date on which the matter was posted by his counsel and on the date on which the matter was dismissed for non-prosecution, he was at Tirupati attending his relatives funeral. Therefore, the applicant would submit that since it was neither wilful nor wanton, this O.P., may be ordered to be restored to file.

3. Considering the submissions made on behalf of the applicant and since the matter pertains to the Will and Testament, in the interest of justice, this Court feels it appropriate to allow this application. https://www.mhc.tn.gov.in/judis

A.No.2897 of 2022 KRISHNAN RAMASAMY.J., Pns

4. Accordingly, this application is allowed.

22.07.2022 Pns A.No.2897 of 2022 in O.P.No.152 of 2021 https://www.mhc.tn.gov.in/judis