HLR allowed a prayer to condone a delay of 122 days in filing an application to set aside an order of dismissal for default, citing counsel unavailability during the lockdown.
Application to condone the 122-day delay is allowed; registry directed to list the underlying application to set aside dismissal.
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A.No.4262 of 2021
A.No.4262 of 2021 in C.S.No.435 of 2017
SENTHILKUMAR RAMAMOORTHY,J
Pursuant to order dated 10.03.2022, the applicant / plaintiff effected substituted service in the Financial Express, issue dated 25.03.2022, and Trinity Mirror, issue dated 25.03.2022. In spite of effecting substituted service, there is no representation for the respondents. This application is filed to condone the delay of 122 days in filing the application to set aside the order of dismissal for default. In the affidavit in support of the application, the applicant / plaintiff has stated that the counsel could not be contacted on account of the lockdown imposed in the wake of the Covid-19 pandemic.
same, this application is allowed. Consequently, the Registry is directed to number and list the application to set aside the order of dismissal, if it is otherwise in order.
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A.No.4262 of 2021
SENTHILKUMAR RAMAMOORTHY,J
rna
07.04.2022
rna
A.No.4262 of 2021 in C.S.No.435 of 2017
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1 issue framed by the court
Whether to condone a delay of 122 days in filing an application to set aside an order of dismissal.
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
