Girija v. S.Kumutha
Case brief
What is this about?
Court condoned a delay of 151 days in representing an appeal setting aside an abatement order to bring deceased appellants' legal representatives on record, accepting reasons of oversight and inadvertence.
What did the court decide?
Petitions allowing condonation of delay allowed; registry directed to number petitions.
What the court decided
1
C.M.P.No. 13344 of 2022
in
C.M.P. SR. No.79942 to 79945 of 2021 in S.A. No. 629 of 2018
T.V. THAMILSELVI, J.
This petition has been filed seeking to condone the delay of 151 days in representing the C.M.P. SR.Nos. 79942 to 79945 of 2021 (to condone the delay in filing the set aside the abatement petition, to set aside the abatement, and to bring on record the legal representatives of deceased 1st and 2nd appellants) respectively.
- Mr.R.T.Doraisamy, learned counsel for petitioners submitted that the above petitions were filed on 07.09.2021 and the same were returned on 22.10.2021 for certain compliance. But, due to oversight and inadvertence, the petitions were not represented in time. Hence, there arose the delay of 151 days in representing the above said petitions and the said delay caused neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petitions.
- Mr.M.Guruprasad, learned counsel appearing for the respondent appeared and raised his objections.
- Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, all the petitions are allowed. Registry is directed to number the petitions if it is otherwise found to be in order.
Issues for consideration
1 issue framed by the court
Whether delay of 151 days in representing the abatement petitions can be condoned given the reasons of oversight and inadvertence.
Parties & counsel
- petitioner
Unidentified Petitioner
- respondent
Unidentified Respondent
Coram
T.V. THAMILSELVI
Case details
As recorded by the court registry
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