S. NARAYANAMURTHY Vs. P. SATHEESHKUMAR

JUDGEMENT

(1.) THE revision petitioner, who is the defendant in the original suit filed this revision petition against the order passed in I.A.No.231 of 2009 in O.S.No.22 of 2007 on the file of Subordinate Court, Udumalpet.

(2.) HEARD the learned counsel appearing for the revision petitioner and the respondent.

(3.) THE respondent has filed a suit in O.S.No.22 of 2009 for recovery of money and in the above said suit, written statement was filed by the revision petitioner. Since the revision petitioner has not appeared before the trial court, exparte decree has been passed on 08.12.2008. On the basis of exparte decree, the respondent has filed an execution petition E.P.No.65 of 2009. After that the revision petitioner filed a petition in I.A.No.231 of 2009 under Section 5 of the Limitation Act to condone the delay of 177 days in filing petition to set aside the exparte decree. The trial court on hearing both sides, passed a conditional order as ''the petition is to be allowed on payment of cost of Rs.1000/ - to the respondent herein on or before 24.07.2009, failing which the above said petition in I.A.No.231 of 2009 stands dismissed and posted the matter on 27.07.2009''. But, the cost was not paid within the time fixed on 24.07.2009 by the revision petitioner. On 27.07.2009, when the case was taken up for hearing, and for further orders in the above said petition, the revision petitioner filed a petition for extension of time, but, the trial court has dismissed the above said petition as cost not paid as per conditional order. Aggrieved over the above said dismissal order passed by the trial court, this revision petition has been filed.