MARY THERESA Vs. VASANTHA

JUDGEMENT

(1.) Inveighing the order dated 15.12.2009, passed in I.A.No.391 of 2009 in I.A.No.1676 of 2005 in O.S.No.352 of 1997 by the Additional District Munsif Court, Vellore, this civil revision petition is focussed.

(2.) Heard both sides.

(3.) A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this revision petition would run thus: The lower Court allowed I.A.No.1676 of 2005 filed under Order 9 Rule 13 and Section 151 CPC to set aside the ex parte decree passed in O.S.No.352 of 1997, which was a suit for declaration, recovery of possession and also injunction, by awarding a cost of Rs.200/- (Rupees two hundred only) payable on or before 10.10.2007. Whereas, there was a delay of ten days in paying the cost. Hence on 20.10.2007, I.A.No.391 of 2009 was filed to get the time extended to pay the cost, but it was rejected after hearing both sides.