JAYA @ JAYALAKSHMI Vs. PADMA @ PADMAVATHI

JUDGEMENT

(1.) THE Petitioner/Defendant has filed the instant Civil Revision Petition as against the order dated 13.12.2010 in I.A.No.448 of 2010 in O.S.No.25 of 2009 passed by the Learned Principal District Judge, Namakkal.

(2.) THE Learned Principal District Judge, Namakkal in I.A.No.448 of 2010 in O.S.No.25 of 2009 on 13.12.2010 [filed by the Petitioner/ Defendant under Order 9 Rule 13 of the Civil Procedure Code to set aside the exparte decree passed against her on 07.10.2010] has directed the Petitioner/Defendant to pay a costs of Rs.5,000/-, by means of a conditional order, to the Respondent/Plaintiff on or before 13.12.2010 etc. Further, the Petitioner/Defendant has deposited the costs of Rs.5,000/- before the trial Court in BR.No.488/2010 dated 09.12.2010 and resultantly, the Petition has been allowed.

(3.) THE Learned Counsel for the Petitioner/Defendant urges before this Court that the Petitioner/Defendant has not been negligent or careless in proceeding with the partition suit in O.S.No.25 of 2009 on the file of the trial Court and there is no justifiable cause on the part of the trial Court to impose a burdensome condition in directing the Petitioner/Defendant to pay an excessive costs of Rs.5,000/- to the Respondent/Plaintiff.