SULEKHA ASHRAF Vs. SHANMUGHAN

JUDGEMENT

(1.) E .A No.366/2011 was filed to set aside the exparte order in E.P No.254/2010 under Order XXI Rule 106 of the Code of Civil Procedure. E.A No.366/2011 was allowed on condition that the petitioner/judgment debtor pays a sum of Rs.2,000.00 (Rupees two thousand only) as costs to the respondents/decree holders.

(2.) IT appears that the direction to pay costs was not conveyed in time by the Counsel to the petitioner resulting in an omission. The petitioner thereupon filed E.A.No.165/2012 presumably for the same relief of setting aside the exparte order in E.P.No.254/2010. E.A No.165/2012 now filed should be treated as one for extension of time fixed in E.A No.366/2011 to pay the sum of Rs. 2,000.00 (Rupees two thousand only) fixed as costs.

(3.) THE court below will take E.P No.254/2010 in O.S No.105/2010 to a logical end if the costs as directed is paid. The impugned order will remain intact incase the petitioner omits to pay the costs as directed above. The Original Petition (Civil) is allowed. No costs.