(1.) The defendant in O.S.No. 551 of 2004 is the Civil Revision Petitioner before this Court, challenging the order passed in I.A.No. 99 of 2013 in O.S.No. 551 of 2004 dated 09.07.2013, on the file of the learned District Munsif Court, Perambalur.
(2.) It is the case of the defendant is that the plaintiff has filed the suit in O.S.No. 551 of 2004 against this respondent/defendant before the learned District Munsif Court, Perambalur in O.S.No. 551 of 2004 for declaration and for permanent injunction. The petitioner, who is the defendant has filed his written statement denying the allegations set out in the plaint and also filed counter claim in the said suit. Originally the suit was dismissed for default on two occasions. Therefore, the plaintiff has filed a petition on the two occasions to restore the suit and both the occasions the suit was restored at the instance of the plaintiff. Again on restoring the above suit, the suit was posted on 18.09.2012 and 28.09.2012 for hearing and on behalf of the respondent/plaintiff, an application for adjournment was filed and the suit was adjourned to 09.10.2012, but even then on the said date i.e. on 09.10.2012, the plaintiff has not appeared, therefore, the suit was again dismissed for default on the 3rd occasion. Though the suit was decreed against the respondent/plaintiff has been taken up on 29.10.2012 and on 01.11.2012, while the suit was dismissed for default, the counter claim was decreed in favour of the petitioner/defendant. Therefore, the plaintiff has filed applications for restore the suit on the ground that the hearing dated 09.10.2012 was not properly informed by his counsel. Therefore, the suit was dismissed for default and counter claim was decreed in favour of the defendant. Therefore, the respondent/plaintiff has prayed the trial Court namely, the District Munsif Court, Perambalur to restore the suit in O.S.No. 551 of 2004, which was dismissed for default on 01.11.201
(3.) Considering both side cases, the learned District Munsif Court, Perambalur was pleased to allow the I.A.No. 99 of 2013, on condition that the respondent should pay a sum of Rs. 300/- to this petitioner/defendant on or before 26.07.2013, failing which the petition will be dismissed. Challenging the said order, this petitioner, who is the defendant has filed the present Civil Revision Petition before this Court.