Ramasamy Padayachi (Died) v. Chakkaravarthi Padayachi

C.M.P.No.375 of 2014 in S.A.No.161 of 2004 C.V.KARTHIKEYAN,J.

This Civil Miscellaneous Petition has been filed seeking to restore S.A.No.161 of 2004 which had been dismissed for default on 12.01.2012.

2.In the affidavit filed in support of the said petition, the petitioner / proposed party who is to be impleaded consequent to the death of the sole appellant had stated that since the sole appellant had unfortunately died, she was not able to get the details of the above appeal and as a matter of fact, the sole appellant / father had engaged a counsel, and later she had come to know that the counsel had left the practice. In view of the reasons, there was no appearance and the Second Appeal was dismissed for default on 12.01.2012.

3.Taking into consideration, the reasons stated, the Civil Miscellaneous Petition is allowed and the Second Appeal is restored to file.

29.06.2022 smv 1/2 https://www.mhc.tn.gov.in/judis