P SENGOTTAIAN Vs. M K MANI

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 12.10.2000 passed by the Principal District Judge, Erode in I.A.No.708 of 1999 in unnumbered Appeal Suit, dismissing the Application filed under Section 5 of the Limitation Act, 1963 for non-compliance of conditional order of payment of cost. First Defendant is the Revision Petitioner.

(2.) THE First Respondent herein filed O.S.No.196 of 1998 on the file of First Additional District Munsif, Erode for Permanent Injunction, restraining the Petitioner / First Defendant from interfering with the immovable properties at Villarampatti Village, Erode Taluk. THE Suit was decreed on 22.01.1999. Aggrieved by the same, the Petitioner has filed an Appeal before the District Court, Erode with a delay of 16 days. I.A.No.708 of 1999 was filed under Section 5 of the Limitation Act, 1963 to condone the delay of 16 days in filing the First Appeal. That application was allowed on condition that the Petitioner should make a payment of cost of Rs.100/- each to the Respondents on or before 30.10.2000. THE cost was not paid within the stipulated time and hence, the Application under Section 5 of the Limitation Act, 1963 was dismissed, which is challenged in this Revision Petition.

(3.) HEARD the submissions of the learned counsel for the Petitioner and the Respondents.