Perumal(Died), 1.Chinnasamy v. A. Srinivasan

C.M.P.No. 21923 of 2024 in C.M.P. SR. No. 142447 of 2023 in S.A. No. 1673 of 2008 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 213 days in representing the above petition in C.M.P. SR.No.12447 of 2023 S.A.No.1673 of 2008.

2. Mr.T.Saikrishnan, learned counsel for petitioner submitted that the above petition was returned on 27.05.2024 for certain compliance, however, the returned paper was tied up with some other case bundle and we were under the impression that the above petition was processed. While so, when he contacted his counsel seeking update in the above matter, they verified with the registry and came to know that it was returned and after due search, it was traced out. Thereafter, the same was represented on 13.09.2024. Hence, there is a delay of 213 days in representing the paper. Therefore, he filed this petition to condone the delay in representing the petition filed to set aside the order of dismissal for default and to restore the same.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one, this court is inclined to allow this petition. Registry is directed to number the petition if it is otherwise found to be in order and post the matter on 11.11.2024. 25.10.2024 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 21923 of 2024 in C.M.P. SR. No. 142447 of 2023 in S.A. No. 1673 of 2008 25.10.2024 https://www.mhc.tn.gov.in/judis