A GNANASELVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners/plaintiffs have filed the present Civil Revision Petition as against the order dated 21.01.2003 in I.A.No.25 of 2003 in I.A.No.485 of 2002 in O.S.No.15 of 2002 dated 21.01.2003 passed by the District Munsif Court, Sattankulam.

(2.) THE trial Court while passing the order in I.A.No.25 of 2003 in I.A.No.485 of 2002 in O.S.No.15 of 2002 on 21.01.2003, has among other things observed that in I.A.No.485 of 2002 a conditional order has been passed and as such, allowing the I.A.No.25 of 2003 will not be in the interest of justice and resultantly, dismissed the I.A.No.25 of 2003 without costs.

(3.) THE learned Counsel for the petitioners submits that the trial Court has not appreciated the ingredients of Section 148 of the Code of Civil Procedure and as a matter of fact, an application seeking extension of time for payment of costs is per se maintainable under the Code of Civil Procedure, but these aspects of the matter have not been adverted to by the trial Court in a proper and real perspective which has resulted in serious miscarriage of justice.