RAMASAMY Vs. PAPPAMMAL

JUDGEMENT

(1.) THIS Civil Revision Petition has been directed against the order passed in I.A.No.677 of 2005 in O.S.No.431 of 1999 on the file of Court of the Principal District Munsif, Virudhachalam.

(2.) THE said application was filed under order 9 Rule 9 (1) of C.P.C., for restoring the suit O.S.No.431 of 1999 which was dismissed for default. After contest the said application was allowed by the Learned District Munsif on terms of Rs.500/-. THE learned District Munsif has directed the petitioner in I.A.No.677 of 2005 to pay the cost of Rs.500/- to the respondent on or before 24.3.2005. Since the petitioner in I.A.No.677 of 2005 has failed to comply with the directions, the said application was dismissed by the learned Principal District Munsif on 28.3.2005. THE said order of dismissal is under challenge in this revision.

(3.) IT is further pertinent to note that there was no delay in filing a petition under order 9 Rule 9 (1) of C.P.C. to restore O.S.No.431 of 1999.