S.Devi D/o. Late. N. Subramani vs Valliammal W/o. Late. N.Subramani

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 19283

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. MALA, J
S.Devi D/o. Late. N. Subramani – Appellant
Versus
Valliammal W/o. Late. N.Subramani – Respondent

Advocates:
For the Appellants/Petitioners: A.Sundara Vadhanan Logesh S
For the Respondents: Erode

Table of Content
1. introduction of the civil revision petition. (Para 1 , 3)
2. background details of the petitioners and the suit. (Para 2 , 4)
3. analysis of reasons for delay in restoration. (Para 5 , 6)
4. discussion of relevant case law and legal principles. (Para 7 , 8)
5. final ruling and dismissal of the petition. (Para 9)

ORDER

(1) The Civil Revision Petition is filed challenging the order dismissing the petitioners’ application to condone the delay of 2757 days in restoring the suit.

(2) The petitioners are the plaintiffs in the suit. The plaintiffs filed the suit for partition of their 8/27^th share in the suit property, in the year 2011. The defendants filed their written statement and thereafter, the case was posted for cross examination of PW1 on 18.02.2014. Since the petitioners were absent, the suit was dismissed for non prosecution. The petitioners therefore filed a restoration application along with a petition to condone the delay of 2757 days in filing the restoration petition. The same was dismissed by the Trial Court. Aggrieved by the same, the petitioners have filed the present petition for the aforesaid relief.

(3) Heard the learned counsel for the petitioners and pe

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