Court dismissed a civil miscellaneous petition seeking to condone a 9-day delay in filing to restore an appeal suit dismissed for default. The court held that after a nine-year inactivity period, the petition lacked merits and could not be ordered. (2 lines)
Civil Miscellaneous Petition dismissed.
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CMP.No.397 of 2014 in AS.No.126 of 2003
G.K.ILANTHIRAIYAN, J.
This petition is filed seeking to condone the delay of 9 days in filing the petition to restore the above appeal suit which was dismissed for default on 10.07.2014.
08.12.2023
gvn
2 issues framed by the court
Whether to condone a 9-day delay in filing a petition to restore an appeal suit dismissed for default, given a 9-year inactivity period.
Whether the petition possesses merits for restoration given the prolonged inactivity of the petitioner.
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
