A.Srinivasan v. S.Gomathi
Case brief
What is this about?
The single-judge Court of Hon'ble Mr. Justice Krishnan Ramasamy restored O.P. No. 166 of 2012 against the dismissal order dated 27.01.2022 on account of non-prosecution due to counsel’s unavoidable personal and professional commitments.
What did the court decide?
O.P. No. 166 of 2012, which was dismissed for non-prosecution on 27.01.2022, is restored.
What the court decided
A.No.1408 of 2022 in O.P.No.166 of 2012
KRISHNAN RAMASAMY, J.,
This Application has been filed by the applicants/petitioners seeking to restore the O.P.No.166 of 2012 which was dismissed for non-prosecution on 27.01.2022.
2.The learned counsel appearing for the applicants/petitioners submitted that the junior counsel was following the Original Petition since the senior counsel had gone to his native due to Covid-19 pandemic. Further, due to the death of his mother-in-law, the junior counsel could not follow up the case regularly and the matter was dismissed for non-prosecution on 27.01.2022. He further submitted that the non-appearance on 27.01.2022 was neither wilful not wanton and prayed to restore the Application.
- 3.Considering the submission made by the learned counsel appearing
for the applicants/petitioners, this Court inclined to restore O.P.No.166 of 2012 dated 27.01.2022.
KRISHNAN RAMASAMY, J.,
rst
4.Accordingly, O.P.No.166 of 2012, which was dismissed for non-
Issues for consideration
2 issues framed by the court
Whether the original petition dismissed for non-prosecution be restored.
Whether the reasons for non-prosecution (force majeure, bereavement) justify restoration.
Parties & counsel
- petitioner
K. RAMASAMY
- respondent
respondee
Coram
KRISHAN RAMASAMY
Case details
As recorded by the court registry
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