Madras High CourtCMP(MD)/3671/2021ordered

C.Balasubramanian v. P.Amutha

2021-06-14Honourable Mr Justice K.Murali Shankar2 pages

CMP(MD) No.3671 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourteenth day of June Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMP(MD) No.3671 of 2021 in C.R.P(MD).SR.No.20430 of 2021 C.BALASUBRAMANIAN ... PETITIONER/ PETITIONER Vs 1 P.AMUTHA 2 MINOR.ATCHUTHAN, REPRESENTED BY HER MOTHER AND GUARDIAN THE 1ST RESPONDENT.

... RESPONDENTS/ RESPONDENTS 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 76 days in filing the above Civil Revision Petition.

PRAYER IN C.R.P(MD).SR.No.20430 of 2021:

To set aside the order of the learned Additional Subordinate Judge, Karur made in I.A.No.725 of 2018 in O.S.No.306 of 2015 dated 03.08.2019 and allow 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.K.SENTHIL, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 76 days in filing the revision, which was filed against the dismissal of the petition filed under Section 5 of the Limitation Act to condone the delay in filing the petition to restore the suit in O.S.No.367 of 2013, which was dismissed for default.

2. Notice has been served on the respondent, but no one has turned up.

3. Considering the reasons assigned and also considering the facts and circumstances, this Court is inclined to condone the delay, but on terms.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.3671 of 2021

4. This petition will be allowed on payment of cost of Rs.750/- (Rupees Seven Hundred and Fifty Only) to the Legal Services Authority attached to the Madurai Bench of Madras High Court, Madurai, on or before 01.07.2021, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

Call on 02.07.2021.

sd/- 14/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL SUBORDINATE JUDGE, KARUR.

COPY TO:

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

ORDER

IN CMP(MD) No.3671 of 2021 in C.R.P(MD).SR.No.20430 of 2021 Date :14/06/2021 TRP MS/AKM/SAR-4/17.06.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2