SELVA VINAYAGAR TEMPLE Vs. KARUR MUNICIPALITY

JUDGEMENT

(1.) Heard both. This revision is filed to challenge the impugned order passed by the learned Principal District Munsif, Karur in LA. No. 641 of 1993 in O.S. No. 1981 of 1991 dated 3-9-1993 allowing the said application to extend the time to pay the cost of Rs. 400/- by the respondent Karur Muncipality represented by its Commissioner till 2-9-1993 under Section 148 of the Code of Civil Procedure.

(2.) The brief facts, which led to this revision are stated as hereunder:- The revision petitioner herein was the plaintiff before the trial court, who filed the suit against Karur Municipality, the respondent herein for the relief of mandatory injunction to restore the electricity service connection to a temple by name Selva Vinayagar temple Chinnandan Koil Village represented by its hereditary trustee. Since the electricity service connection provided to the same has already been washed away by the flood came to in the adjacent river, this suit was necessitated on their declining to give power for the reasons own to themsleves: Since no appearance was made, the Municipality was set ex parte and the suit was decreed as prayed for. However, an pplication was filed to set aside the ex parte decree in LA. 228/93, which after hearing both sides, was allowed on 10-8-1993. This petition was filed along with the written statement on behalf of the respondent / defendant herein. However, the trial Court was pleased to allow this petition on payment of the cost of a sum of Rs. 400/- on or before 24-8-1993 and that if the said condition has been complied, this petition LA. 228/93, would have been allowed and on his failure to do so, the petition will stand automatically dismissed.

(3.) In pursuant to the said order passed by the trial court, the cost of a sum of Rs. 400/- has to be paid on or before 24-8-1993. But that amount has not been paid. Therefore, the respondent Municipality has filed an application I. A. 641/1993 which was allowed by the learned District Munsif on 3-9-1993. This application was filed under Section 148 of the Civil Procedure Code. The reasoning given by the respondent in his own affidavit is that since the case bundle has been misplaced with some other papers, the relevant direction has not been taken note of, and that, therefore, the conditional order could not be complied with. Therefore, this petition was filed after the time granted has been expired. Aggrieved at this order, and challenging the same, the present revision has been filed.