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Madras High CourtCMP(MD)/5473/2019ordered

S.Srinivasan, v. A.Hubert Amalorpavanathan,

2019-06-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Eighth day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5473 of 2019 IN CRP(MD) No.SR7655 of 2017 S.SRINIVASAN ... PETITIONER/ PETITIONER Vs A.HUBERT AMALORPAVANATHAN ... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 670 days in representing the Civil Revision Petition and take the civil revision on file and thus render justice.

PRAYER IN CRP(MD) No.SR7655 of 2017:

Pleased to call for records in I.A.No:975/2015 in O.S.No.1731/2005 on the file of the 2nd Additional District Munsif, Trichy rejecting the exparte setaside petition dated 28.11.2016 and allow the prayer for exparte setaside and permit this petitioner/15th defendant and permit this petitioner/15th defendant to contest the suit on merits and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.JAHANGIR BABA, Advocate for the petitioner and of Mr.C.VAKEESWARAN, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 670 days in representing the above Civil Revision Petition.

2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay on condition that the petitioner is directed to pay a sum of Rs.1,000/- (Rupees one thousand only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court. https://hcservices.ecourts.gov.in/hcservices/

3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the revision, if it is otherwise in order and list the same "for admission" forthwith sd/- 28/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE 2ND ADDITIONAL DISTRICT MUNSIF, TRICHY.

COPY TO:

1.THE AUTHORITY OFFICER, LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.5473 of 2019 IN CRP(MD) No.SR7655 of 2017 Date :28/06/2019 TK/JC/SAR.4/05.07.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/