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2021 Supreme(Online)(MAD) 29523

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
ARUKKANI AMMAL – Appellant
Versus
N.KRISHNAMURTHY – Respondent


ORDER

This Civil Revision Petition is filed against the fair and decreetal order dated 04.03.2021 made in I.A.No.217 of 2012 in O.S.No.929 of

2002 on the file of the II Additional Subordinate Judge, Erode, thereby dismissing the petition to condone the delay in re-presentation.

2. The petitioners are the plaintiffs and the respondents are the defendants. The petitioners filed a suit in O.S.No.929 of 2002 for partition as against the respondents herein. When the suit was ripe for trial, the petitioners did not appear before the Court below and as such, the suit was dismissed for default. Immediately, they filed a petition to restore the suit. The said petition was returned for want of some corrections. It was not re-presented within the time stipulated by the Court below for the reason that the returned paper mixed with the other Court bundle and as such, the counsel appeared on behalf of the petitioners could not able to re-present the petition to restore the suit in time. As such, there was a delay of 120 days of re-presentation. They filed a petition to extend the time which was granted to re-present the petition for restoration under Section 148 read with 151 of CPC. However, it w

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