HIGH COURT OF MADRAS
Honourable Mr.Justice N.SENTHILKUMAR
thenmozhi@ochara(died) – Appellant
Versus
ramakannu(died) – Respondent
O R D E R
The present civil revision petition is filed against the order or dismissal dated 22.12.2024 passed by the learned District Munsif, Sankarapuram in I.A.
No.628 of 2012 in O.S. No.562 of 2005.
2. The first revision petitioner is the plaintiff in the above said suit and petitioners 2 to 5 are her legal heirs. The said suit was filed for partition. The suit was dismissed for non-prosecution and therefore an application was filed in I.A. No.628 of 2012 for condonation of delay in filing an application to restore the suit. The absence was due to her ill health and therefore, there was a delay of 1318 days.
3. It is submitted by the learned senior counsel that the plaintiff had suffered paralysis and therefore, she could not appear before the court and hence the suit was dismissed for default and the factum of dismisal of the suit was not brought to the notice of the plaintiff and therefore, an inordinate delay of 1318 days had occurred.
4. The trial court had dismissed the application for condonation of delay taking into consideration that the plaintiff has not established the cause of delay by producing adequate documents. Challenging the said order, the present civil revision pe
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