KUMARASAMY Vs. PALANIYAMMAL

JUDGEMENT

(1.) The plaintiffs are the petitioners herein. They are aggrieved by the order of the trial Court made in I.A.No.176 of 2012 in extending the time for payment of costs, as ordered in I.A.No.332 of 2011 in O.S.No.236 of 2010.

(2.) The plaintiffs filed the said suit on the file of the Additional District Munsif Court, Tiruchengode, for declaration and permanent injunction. On 28.2.2011, the third defendant in the said suit, who is the respondent herein, was set ex-parte. Therefore, she filed I.A.No.332 of 2011 under Order 9 Rule 13 CPC to set aside the ex-parte order. In that application, an order came to be passed on 5.9.2011, allowing the application subject to condition to pay a sum of Rs.500/- to the plaintiffs on or before 9.9.2011. It was also observed therein that in default, the petition would stand dismissed without any further consideration. The said costs were not paid by the third defendant within the time stipulated and however, she filed I.A.No.176 of 2012 on 4.1.2012, under Section 148 read with 151 CPC to extend the time. It is the case of the third defendant therein that she was affected by Jaundice, and therefore, she could not comply with the condition within the stipulated time.

(3.) The said application was resisted by the plaintiffs by contending that in pursuant to the default committed by the third defendant, I.A.No.332 of 2011 itself stood dismissed, and therefore, without restoring the said application, the third defendant cannot seek the relief of extension of time.