V.Kumaresan Acari v. Saroja @ Sarojini Ammal

C.M.P. No. 20325 of 2022 in Tr. C.M.P. No. 806 of 2017 C.M.P. No. 20325 of 2022 in Tr.C.M.P. No. 806 of 2017 T.V.THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to set aside the order dated 18.04.2018 dismissing the above Tr.C.M.P. for default.

2. The learned counsel for petitioner submitted that when the matter was taken up on the date of hearings, he was held up in other court and hence, he was not able to represent the matter. Accordingly, it was dismissed for default. The non-appearance on behalf of petitioner is neither willful nor wanton. Hence, he has filed the above petition to restore the above C.R.P.

3. Considering the facts and circumstances, and 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 Tr.C.M.P.

4. Post the matter on 20.12.2022.

01.12.2022 rpp 1/2 https://www.mhc.tn.gov.in/judis

C.M.P. No. 20325 of 2022 in Tr. C.M.P. No. 806 of 2017 T.V.THAMILSELVI, J.

rpp C.M.P.No.20325 of 2022 in Tr. C.M.P. No.806 of 2017 01.12.2022 2/2 https://www.mhc.tn.gov.in/judis