M. GOPI Vs. A.S. SASIKALA AND ORS.

JUDGEMENT

(1.) The plaintiff in O.S.No.45 of 2013 has come up with this civil revision petition, aggrieved by an order by the Trial Court extending the time for payment of cost of Rs.1,000.00 as per the conditional order dtd. 3/11/2014.

(2.) The suit in O.S.No.45 of 2013 was filed by the petitioner seeking a declaration of his title to the suit property, recovery of possession and for permanent injunction. The said suit was decreed exparte on 2/8/2014. The defendants filed an application to set aside the exparte decree in I.A.No.237 of 2014 on 8/8/2014. The said application came to be allowed by the Trial Court on 3/11/2014, subject to the condition that the petitioners therein pay a costs of Rs.1,000.00 on or before 20/11/2014 and to cross-examine the P.W.1 on 21/11/2014.

(3.) From 21/11/2014, the application was adjourned for various reasons up to 1/4/2015. On 1/4/2015, the Trial Court recorded that the conditional order dtd. 3/11/2014 regarding payment of Rs.1,000.00 was not complied with and dismissed I.A.No.237 of 2014. When the things stood thus, the respondents herein, nearly after two years filed I.A.No.308 of 2016 on 11/8/2016 seeking to condone the delay of 744 days in filing a petition to set aside the exparte decree. The affidavit filed in support of the said application reads as follows:-