R.Govindan(Deceased) v. Gopalakrishnan

C.M.P.No. 19500 of 2018 in C.R.P. No. 2466 of 2010 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 35 days in filing the petition to restore the C.R.P. No.2466 of 2010, which was dismissed for default on 22.06.2018.

2. Mr.R.Thanjan, learned counsel for revision petitioners submitted that due to illness, the counsel on record unable to represent the case on the date of hearing on 22.06.2018, and hence, he instructed his junior counsel to attend the above case, but they failed to appear. However, the above Civil Revision Petition was dismissed for default and the non-appearance of counsel on record on that day is neither willful nor wanton. Accordingly, he filed this petition to restore the above C.R.P.

3. Mr.S.Srinath, learned counsel appearing for respondents 2 to 11 and 13 appeared and submitted that he has no objections in allowing this petition.

4. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seeking to condone delay of 35 days, this Court is inclined to allow this petition and to restore the above Civil Revision Petition. 29.11.2022 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 19500 of 2018 in C.R.P. No. 2466 of 2010 29.11.2022 https://www.mhc.tn.gov.in/judis