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Madras High CourtCMP/19058/2022allowed

S.Natarajan v. The Deputy Registrar

2022-11-28Honourable Mrs Justice T.V.Thamilselvi3 pages

C.M.P. No. 19058 of 2022 in C.R.P.No.3423 of 2012 T.V.THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to set aside the order dated 24.07.2019 dismissing the above Civil Revision Petition for default.

2. The learned counsel for revision petitioner submitted that when the petitioner enquired about the case, he came to know that his previous counsel Mr.C.Regurajan suffered from medical issues and he left his practice permanently during the year of 2018 itself. After coming to know about the same, he engaged the present counsel. However, due to non-appearance on behalf of petitioner, the C.R.P. was dismissed for default and the same is neither willful nor wanton. Now, he has filed the above petition to restore the above C.R.P.

3. The learned counsel for respondents appeared and submitted that they have no objection in allowing this petition. 1/3

5. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seems to be justifiable one, this Court is inclined to allow this petition and to restore the C.R.P.

6. Post the C.R.P. on 13.12.2022.

28.11.2022 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.M.P.No.19058 of 2022 in C.R.P.No.3423 of 2012 28.11.2022 3/3