GNANAMANI Vs. SELVADOOR NADAR

JUDGEMENT

(1.) An application for amendment of the plaint was dismissed on the sole ground that the costs ordered was not paid in time. The plaintiffs application to extend the time was dismissed and she has filed this C. R. P. The counter petitioners have not appeared.

(2.) In the circumstances the extension prayed for should have been allowed. This is not a case in which the court became functus officio by the first order and there is nothing in the first order which precludes extension of time. The interests of justice would have been better served by allowing the application rather than dismissing it.

(3.) The order of the court below is therefore set aside and the court below will give an opportunity to the plaintiff to comply with the order on the amendment application. The C. R. P. is allowed. No costs.