PARVATEWWA Vs. BHAGAWWA

JUDGEMENT

(1.) This revision petition is filed by the Defendants questioning the order of the trial Court allowing I.A.IX filed by the Plaintiffs. By the order under challenge, the trial Court cancelled the order dated 29.7.1997 in Miscellaneous No. 7 of 1990 and revived the exparte judgment and decree passed in the suit on the ground that costs awarded was not paid within the stipulated time.

(2.) Learned Counsel for the Petitioners submits that cost deposited by the Defendants had been withdrawn by the Plaintiffs and even the cost of Rs. 25/ - awarded for not filing written statement had been accepted by the Counsel for the Plaintiffs and that being the position, the trial Court was not justified in allowing the application and revising the exparte judgment and decree by cancelling the order dated 29.7.1997.

(3.) A perusal of the records reveal that exparte decree was passed in the suit. Defendants filed Miscellaneous No. 7 of 1990 and the same was allowed subject to payment of cost of Rs. 1,000/ - on or before 28.8.1997. On 29.8.1997 an application was filed seeking extension of time to deposit the cost but the said application was not posted immediately. However, on 2.9.1997 the cost was paid and the same was withdrawn by the Plaintiffs. Thereafter, the suit was adjourned for filing written statement. Even cost of Rs. 25/ - awarded for filing written statement was also paid by the Defendants. When the things stood thus, Plaintiffs filed a memo seeking to cancel the order dated 29.7.1997 by which the suit was restored in Miscellaneous No. 7 of 1990. That was followed by an application numbered I.A.IX. The trial Court allowed the application, which gave rise to this revision petition.