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2024 Supreme(Online)(MAD) 19932

HIGH COURT OF MADRAS
Honourable Mr Justice P. DHANABAL
R.Yasotha – Appellant
Versus
P.Akilan – Respondent


O R D E R

This Civil Revision Petition has been preferred as against the order dated 10.02.2022 passed in I.A. No. 4 of 2021 in M.C.O.P. No. 142 of 2015 on the file of the Motor Accident Claims Tribunal, Perambalur / the Chief Judicial Magistrate, Perambalur, wherein, the petitioner herein has filed petition to condone the delay of 1024 days in filing the petition under Order IX Rule 13 of CPC to set aside the Exparte Award dated 22.01.2018 in M.C.O.P. No. 142 of 2015 and the same was dismissed as not maintainable since the main petition was contested by other respondents and order was passed.

2. According to the petitioner, she is the 1st respondent in the main petition, who was the owner of the vehicle which involved in the accident. The main M.C.O.P. was filed by the 1st respondent herein as against the petitioner and 2nd and 3rd respondents. Before the Trial Court, the petitioner/1st respondent was set exparte and thereafter, the matter was contested by other respondents and an Award was passed on 22.01.2018 Therefore, the Trial Court has passed order and dismissed the petition as not maintainable.

3. The learned counsel appearing for the petitioner would contend that the petition

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