PRABHA SRIDEVAN - (1.) THIS application is for restoration of the petition that was dismissed for default. The respondent has filed the counter statement, it is stated that non presence of the petitioner and the counsel was deliberate and therefore the MP should be dismissed.
(2.) THE learned counsel appearing for the applicant referred para 5 of the affidavit where it is stated that "the father of the counsel who was instructing them had suffered a brain hemorrhage" and the counsel was attending on the father. In the same para, we find that the father had subsequently passed away on 01.11.2011. The learned counsel submitted that the absence on 18.10.2011 was unavoidable and therefore not deliberate and prayed that the matter may be heard on merits.
(3.) CONSIDERING the submissions made by the counsel and the contents of Para 5 of the affidavit, we order restoration. M.P No.207/2012 is ordered as prayed for. ORA/93/2010/TM/DEL restored and is taken on file. The date of hearing will be intimated by the Registry.;