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Madras High CourtCRP(MD)/3323/2025dismissed

P.Murugan v. A.Krishnan(Died), 1) K.Valathi Ammal

2025-11-12Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and C.M.P(MD).No.18239 of 2025 P.Murugan, ... Petitioner Vs A.Krishnan(Died),

1) K.Valathi Ammal

2. K.Arunachalam,

3. K.Maheswari,

4. K.Sankaranarayan, ... Respondents PRAYER :- Civil Revision Petition filed under section 115 of Civil Procedure Code, to take up this revision and to set aside the order of the Learned District Munsif Court, Tirunelveli in Dacoit order in I.A.No.1 of 2023 in O.S.No.211 of 2013 dated 20.02.2024 and to order condoning the delay of 3362 days in filing set-aside petition in restoring the suit in O.S.No.211 of 2013 on the file of the District Munsif Court, Tirunelveli. For Petitioner : M/s.T.Veldurai, For Respondents : Mr.S.Senthil Sankara Natha Kumar 1/4

ORDER

This civil revision petition has been filed to set aside the order of the Learned District Munsif Court, Tirunelveli in Dacoit order in I.A.No.1 of 2023 in O.S.No.211 of 2013 dated 20.02.2024 and to order condoning the delay of 3362 days in filing set-aside petition in restoring the suit in O.S.No.211 of 2013 on the file of the District Munsif Court, Tirunelveli.

2. The learned counsel for the petitioner relied upon the case of Inder Singh v. State of Madhya Pradesh to contend that the Court should adopt a liberal approach in deciding the application to condone the delay.

3. It is true that the Court should adopt a liberal approach, however, when no substantive reasons are made out, the Honourable Apex Court has held that each and every day of delay should be explained. In the present case, no substantive reason has been given to satisfy this Court for condoning the delay. Hence, this Civil Revision Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

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TO The District Munsif Court, Tirunelveli.

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K.KUMARESH BABU,J

ORDER

IN CRP(MD) No.3323 of 2025 Date : 12/11/2025 4/4