IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, J
S.Sankari Rep. by her Power Agent Mr.S.Sathyavendhan – Appellant
Versus
Rani – Respondent
| Table of Content |
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| 1. health issues cited as reason for delay in appeal. (Para 1 , 2) |
O R D E R
Challenging the order of the appellate Court dismissing the application to condone the delay of 33 days in restoring the appeal which was dismissed for default on 19.06.2023, the present revision is filed.
2.The respondents filed suit for declaration of title and recovery of possession. The suit came to be decreed in favour of the respondents. Challenging the decree and judgment, the revision petitioner filed appeal. When the appeal was posted for arguments on 19.06.2023, the same came to be dismissed for default as the argument was not advanced by the learned counsel. Therefore, the petitioner filed application to restore the appeal on the ground that she is the senior citizen suffering from diabetics and hypertension and was taking treatment in Bengaluru in her daughter's house. Therefore, she was under bed rest and hence she could not move out and come down to Chennai to instruct her counsel. Therefore, her counsel did not argue the matter on 19.06.2023. As a result, the appeal was dismissed for default.
3.Hence, the petitioner filed application to condone the delay of
33 days. The said appli
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