Periyasamy, v. Parvathi
Case brief
What is this about?
The Madras High Court allowed a civil revision petition challenging the dismissal of a restoration application. The Court condoned a 2-day delay based on a medical ground and directed the trial court to admit the application.
What did the court decide?
I.A.No.757 of 2017 and the dismissed application are restored; trial court directed to dispose of pending application within two months.
What the court decided
C.R.P.(MD)No.706 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 06.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
C.R.P.(MD)No.706 of 2019
1.Periyasamy
Rakkammal (Died)
2.Lakshmi
3.Murugan
4.Kumaran
5.Ramalakshmi ... Petitioners/ Petitioners / Plaintiffs
Vs.
1.Parvathi
Issues for consideration
2 issues framed by the court
Whether the condonation of delay is permissible when the petitioner failed to appear and pleaded a medical ground for a 2-day delay in filing the restoration application.
Whether the High Court can set aside the Trial Court's order dismissing the restoration application due to default.
Parties & counsel
- petitioner
Periyasamy and Others
- respondent
Parvathi and Others
Coram
C.Kumarappan
Case details
As recorded by the court registry
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