R. Durairaj @ Babu v. A.Rathinavelu

C.M.P.No.26563 of 2024 in C.M.A.No.2743 of 2024 S.SOUNTHAR,J.

It is seen from the records that when the civil miscellaneous appeal was posted for admission, there is no representation for the appellant and hence, the Civil Miscellaneous Appeal was dismissed for default, even before ordering notice to the respondents.

2. In the affidavit filed in support of the petition to set aside the order, it is asserted by the petitioner/appellant that on 15.10.2024 due to heavy rain and inclement weather conditions, the learned counsel for the petitioner was stuck in the traffic and he could not reach the Court in time.

3. In view of the said assertion made in the affidavit filed in support of this petition, the same is ordered. The Civil Miscellaneous Appeal is restored to file.

4. List the Civil Miscellaneous Appeal on 28.02.2025.

27.02.2025 dm https://www.mhc.tn.gov.in/judis