ARTHANARI Vs. S SESHAGIRI RAO

JUDGEMENT

(1.) THIS civil revision petition is directed against the fair and decretal order dated 28.6.2001 made in R.E.A.No.34 of 2001 in R.E.A.No.15 of 2001 in R.E.P.No.107 of 1995 in O.S.No.178 of 1997 by the Court of District Munsif, Dharmapuri, thereby dismissing the application filed by the petitioners herein underO.21, Rule 11, C.P.C. praying for the delivery of possession of the petition mentioned properties, as per the procedures established underO.21, Rules 22 and Sec.35, C.P.C.

(2.) AFTER all, it is an application filed under Sec.148, C.P.C. before the Court below seeking an extension of time from 28.3.2001 for the payment of the cost of Rs.100 as ordered by the Court below, for the Court to send for certain documents, thus conditionally allowing the said application in R.E.A.No.15 of 2001 and the said amount since should have been paid on or before 28.3.2001 as per the order passed by the Court below, had not been able to be paid by the petitioner and hence, seeking extension of time, he had filed the above application the very next day that was on 29.3.2001, assigning reasons that he had contacted his lawyer on 16.3.2001 to know about the stage of the orders in the above R.E.A.No.15 of 2001 and that his counsel told him that the Judge was on leave on 16.3.2001 and the case was posted on 22.3.2001; that since he was not able to contact his lawyer on 22.3.2001, on account of his having gone out of town, and when he met his lawyer again on 29.3.2001, he was informed that the case was dismissed for non-payment of the cost. On such grounds and further stating that the non-payment of the cost was neither wilful nor wanton, but only in the circumstances explained above, the petitioner would pray for extension of time by one day i.e., from 28.3.2001.

(3.) IT is very easy to dismiss the application under the pretext of citing a technical flaw or non-adherence of the rules, but realising the consequencies of such dismissal, the Court should render appropriate relief that is required in the circumstances of the case.