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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
Lakshmiammal – Appellant
Versus
Murugesan – Respondent
| Table of Content |
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| 1. the petition challenges dismissal of a delay condonation request in a partition suit. (Para 1 , 2 , 3) |
| 2. the trial court found negligence in managing the applications. (Para 4 , 5) |
| 3. the court deemed delay justifiable and allowed the petition under condition. (Para 6 , 7 , 8) |
O R D E R
The instant civil revision petition has been filed by the third plaintiff in O.S.No.294 of 2010 on the file of the Additional District Munsif Court, Valliyoor challenging the order passed in I.A.No.1 of 2021 wherein the prayer of the revision petitioner to condone the delay in representation has been dismissed.
2.The revision petitioner herein along with two others had filed the above said suit for the relief of partition and separate possession. When the suit was posted on 01.07.2016, due to non-appearance of the plaintiffs, it was dismissed for default. The plaintiffs have filed I.A.No.277 of 2016 within the time to restore the suit. When the said application was pending, the sixth defendant had passed away and applications were filed to condone the delay, set aside the abatement and to implead the legal heirs of the deceased sixth defendant. These applications were filed with a de
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