V. Kumaresan v. Saroja @ Sarojini Ammal

C.M.P.No. 4249 of 2022 in C.M.P. SR. No. 40552 of 2018 in Tr.C.M.P. No. 806 of 2017 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 1129 days in representing the C.M.P. SR.No.40552 of 2018 seeking to restore the Tr.C.M.P. No.806 of 2017, which was dismissed for default on 18.04.2018.

2. Mr.Avinash Wadhwani, learned counsel for petitioner submitted that the above petition was filed on 04.06.2018, but the same was returned by the registry for certain compliance. But, due to oversight and inadvertence, the petition was not represented in time. Hence, there arose the delay of 1129 days in representing the above said petition and the said delay caused neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition and direct the Registry to number the petition if it is otherwise found to be in order.

16.11.2022 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 4249 of 2022 in C.M.P.SR.No. 40552 of 2018 in Tr.C.M.P. No. 806 of 2017 16.11.2022 https://www.mhc.tn.gov.in/judis