ORDER
1. The petitioner herein filed an application to condone the delay of
2134 days in representation of M.A.C.T.O.P.SR.No.28961 of 1993. The
petitioner is a minor. He met with an accident on 11.3.1993. When the
Autorickshaw TSD 5830 dashed against him white he was walking. In that
accident the petitioner who was a school going child aged about seven years
sustained fractures in his right leg. It is stated that on account of the injuries
sustained the petitioner has been practically crippled and that he cannot lead a
normal healthy life hereafter. The Chief Judge, Court of Small Causes,
Chennai dismissed the petition filed on 29.2.2000 and aggrieved by the same
the present revision is filed.
2. It is not a case of delay in presentations but it is only a case of delay in re-presentation. The Act has now amended and no limitation is prescribed for preferring a claim. In these circumstances, the petitioner’s request ought to have been considered by the lower court on compassionate ground. Hyper
technicalities should not sway the mind of the court nor such rigid stance is called for. The Presiding Officer cannot adopt a wooden attitude, when such a request is made. Such technicalities will put only shackles upon the cause of justice. After all rules are only handmaids of justice. The non-examination of the petitioner or his counsel is of no consequence. It is stated in the affidavit that the counsel, who appeared for the petitioner earlier on had died. On going through the order passed by the lower court, I feel that the lower court has taken an unduly narrow view of the matter. Instead of considering such a request in the background of compassion and injustice, the lower court has unnecessarily got bogged down by hyper technically. In the circumstances, I feel that the order passed by the lower court is against the principles of natural justice and hence, this is a fit case where the order passed by the lower court ought to be interfered with under Article 227 of the Constitution of India.
3. Consequently, the revision petition is allowed. The delay in re-presentation is condoned. The lower court (The Chief Judge, Court of Small Causes, Chennai) Shall take the case on file and issue notice to the respondents and proceed to dispose of the case in accordance with law and in merits within six months from the date of receipt of the copy of this order. No costs. Consequently, CMP.No.8070 of 2000 is closed.