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2024 Supreme(Online)(MAD) 17134

HIGH COURT OF MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
RAJESWARI – Appellant
Versus
SUNDARAMBAL – Respondent


O R D E R

This Civil Revision Petition has been filed seeking a direction to the learned III-Additional District Judge, Gobichettipalayam to number the unnumbered I.A.No........ of 2023 in I.A.No. 01 of 2019 in A.S.No. 58 of

2018 and dispose the same.

2. The petitioners are the appellants in A.S.No.58 of 2018 on the file of the learned III-Additional District Judge, Gobichettipalayam. The Appeal was dismissed for default on 08.03.2019 and thereby, the petitioners have filed an application under Section 5 of the Limitation Act to condone the delay of 195 days in filing the application to set aside the order of dismissal of the Appeal. The learned Appellate Judge, by an order dated 27.06.2022 had allowed the petition on payment of cost of Rs.2000/- to the respondents on or before 05.07.2022. Due to the miscommunication between the counsel and the petitioners, the cost could not be paid within time and therefore, the petition to condone delay was dismissed for non-prosecution. Thereafter, the petitioners have filed a petition to enlarge the time for paying the cost, however, the learned appellate Judge had returned the petition on

25.04.2023 stating as follows :-

“ 25.04.2023 Defects Noted

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