S.Thankaraj v. National Insurance Company Ltd.,

CMP(MD) No.1313 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1313 of 2021 in CRP.(MD)SR.No.51711 of 2020 S.THANKARAJ ... PETITIONER/ PETITIONER Vs NATIONAL INSURANCE COMPANY LTD., REP. BY BRANCH MANAGER, ANGUVILAS BUILDING, VADAKKU RATHA VEETHI, NAGERCOIL, KANYAKUMARI DISTRICT.

... RESPONDENT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 359 days for filing Civil Revision Petition against the order in E.A No.147 of 2017 in E.A No.141 of 2014 in E.P No.107 of 2007 in MCOP No.171 of 2005 on the file of the 1st Additional Sub Court, Nagercoil, dated 11.12.2018. PRAYER IN CRP.(MD)SR.No.51711 of 2020:

To call for the records relating to fair and decreetal order passed by learned Additional Sub Court, Nagercoil in E.A No.147 of 2017 in E.A No.141 of 2014 in E.P No.107 of 2007 in MCOP No.171 of 2005 dated 11.12.2018 and set aside the same. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.P.NARAYANAKUMAR, Advocate for the petitioner and of Mrs.P.MALINI, 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 359 days in filing the above revision. 2.Mrs.P.Malini, learned counsel accepts notice on behalf of the respondent and she has no objection to condone the delay. 3.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 subject to the payment of cost of Rs.1500/- (Rupees Thousand and Five Hundred only), to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.1313 of 2021 Legal Aid Service Authority, attached to this Bench, within a period of two weeks 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. 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/- 05/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE 1ST ADDITIONAL SUBORDINATE JUDGE, NAGERCOIL.

2 THE ADDITIONAL SUBORDINATE JUDGE, NAGERCOIL.

COPY TO:

THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.1313 of 2021 in CRP.(MD)SR.No.51711 of 2020 Date :05/03/2021 gns MS/PN/SAR-4/16.03.2021/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2