K RANGASAMY GOUNDER Vs. MUTHUSAMY GOUNDER

JUDGEMENT

(1.) THIS revision is directed against the order made in I. A. No. 1506a/2002 in O. S. No. 112/2000 by the District Munsif, Gobichettipalayam, extending the time to pay the conditional cost, by restoring I. A. No. 658/2002.

(2.) THE revision arises under the following circumstances:-O. S. No. 112/2002 was filed by the Revision Petitioner/ Plaintiff for declaration and Permanent Injunction. The suit property relates to property in New S. No. 549/20 (Old S. No. 89) and the cart track thereon and prayed for 20 lincs on the eastern side. The Plaintiff traces his title to the Sale Deed dated 13. 8. 1973 under which the Plaintiff and his father Karupanna Gounder have earlier filed the suit in O. S. No. 10/1976 for declaring their right and title regarding the suit cart track. In the said suit, in I. A. No. 130/1976, an Advocate Commissioner was also appointed to note down the physical features of the cart track. The suit O. S. No. 112/ 2000 was filed alleging that the Defendants are attempting to cause damage to the suit cart track and the Plaintiff has filed the suit for declaration of his right to the cart track and for Permanent Injunction.

(3.) THE suit was filed on 23. 3. 2000. The Defendants have entered appearance. But they have not filed the Written Statement. On 21. 6. 2002, for non filing of Written Statement, the Defendants were set exparte; the suit was decreed exparte on 24. 6. 2002. To set aside the exparte Decree, the Defendants have filed I. A. No. 658/2002. That application was allowed on condition of payment of cost of Rs. 5000/- on or before 21. 10. 2002. The application was ordered to be called on 22. 10. 2002. The cost was not paid and since the conditional order was not complied with, I. A. No. 658/2002 was dismissed on 22. 10. 2002.