PERIASAMI ASARI Vs. PRESIDENT ILUPPUR PANCHAYAT BOARD ILUPPUR

JUDGEMENT

(1.) THIS petition is filed by the plaintiff in the suit against the order of the District munsif of Pudukottai in I. A. No. 273 of 1970 declining to extend the time for payment of costs, which was confirmed by the appellate court in C. M. A. 10 of 1970.

(2.) THE suit was dismissed for default and the plaintiff filed I. A. No. 273 of 1970 on 7-7-1970 for restoration of the suit. On 22-7-1970, the petition was allowed on condition that a sum of Rs. 2 to each of the defendant should be paid on or before 3-8-1970 failing which the petition was ordered to be dismissed and the I. A. to be posted on 4-8-1970, for final orders. The cost as directed was not paid on 3-81970 but was tendered only on 4-8-1970 along with a petition requesting the court to extent the time for one day. The Courts below held that the order has worked itself out and the condition not having been fulfilled the action was dead and, therefore, after that date there can be no application for extending the time. The Court was also of the view that it would have been different if the application was filed on the 3rd for extension of time.

(3.) SECTION 148 C. P. Code deals with the power of the court to grant time. The section runs as follows :