Allowed
Mahmooda (Died) v. Ajith Kumar
Madras HCCMP/4567/2023
Case brief
AI extract
What is this about?
Petition filed to condone 29-day delay in filing Review Application. Court accepted justification of illness preventing contact with counsel and allowed the petition.
What did the court decide?
Condones delay and directs Registry to number the Civil Review Application if in order.
What the court decided
AI extract
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C.M.P.No. 4567 of 2023
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in Rev.Appl SR. No. 19547 of 2023
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T.V. THAMILSELVI, J.
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This petition has been filed seeking to condone the delay of 29 days in preferring the above review petition.
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- Mr.R.Krishna Prasad, learned counsel for petitioner submitted that though the copy of order in C.R.P. was made ready on 13.12.2022 itself, due to ill-health, the petitioner was unable to contact his counsel to get the certified copy of the order and to instruct him to file a review petition. Hence, there is a delay of 29 days in filing the above Review Application and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.
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- Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition and Registry is directed to number the Civil Review Application if it is otherwise found to be in order.
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12.06.2023
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rpp
Issues for consideration
1 issue framed by the court
AI extract
Whether the petitioner's delay of 29 days in filing a review application is condonable due to illness preventing contact with counsel.
Parties & counsel
AI extract
- applicant
Petitioner
Coram
AI extract
T.V. Thamilselvi
Case details
As recorded by the court registry
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