VIJAYALAKSHMI Vs. NACHIMUTHU GOUNDER

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order dated 05.01.2013 passed by the learned Principal District Judge of Tiruppur in I.A.No.52 of 2012 in A.S.CFR No.15226 of 2007.

(2.) The petitioner and one Kumarasamy, the husband of second respondent and father of respondents 3 and 4 are the legal heirs of plaintiff Karuppathal. The first respondent is the defendant. The said Karuppathal filed suit in O.S.No.527 of 1995 on the file of Sub Court, Tirupur for partition against the first respondent herein. An exparte preliminary decree was passed on 11.03.1997. The first respondent, on coming to know about the same, immediately filed I.A.No.66 of 2000 for condoning the delay in filing the petition to set aside the exparte decree. The said application was allowed on 28.09.2001 on condition that the first respondent shall pay a sum of Rs.1,000/- as costs to the petitioner on or before 15.10.2001 failing which the application shall stand dismissed and posted the I.A.No.66 of 2000 on 16.10.2001. However, on 16.10.2001, the erstwhile counsel for the first respondent informed the first respondent that the counsel for the petitioner refused to receive the costs and directed the first respondent to deposit the said amount in the Treasury and informed that he will get a pass over till such time. The first respondent deposited the said cost of Rs.1,000/- and handed over the receipt to his counsel. The Advocate informed the first respondent that he will file the receipt and asked him to come after one month. Subsequently, the learned counsel for the first respondent informed the first respondent that the application was allowed.

(3.) Against the said order dated 05.01.2013 made I.A.No.52 of 2012 in A.S.CFR No.15226 of 2007, the present Civil Revision Petition has been filed.