TMT RAJAMANI Vs. RUKMANIAMMAL

JUDGEMENT

(1.) THE revision petitioners/defendants have filed this revision petition as against the order dated 28.10.2008 in I.A.No.35 of 2007 in O.S.No.195 of 1992 passed by the II Additional District Munsif Court, Coimbatore in allowing the application filed under Order 9 Rule 9 of Civil Procedure Code by the first respondent/petitioner/plaintiff.

(2.) THE trial Court, while passing orders in I.A.No.35 of 2007, has inter alia observed that 'an opportunity has to be provided to the first respondent/petitioner/plaintiff to project her case and in that view of the matter has allowed the application directing the first respondent/ petitioner/ plaintiff to pay a sum of Rs.1000/- towards cost on or before 04.11.2008 and the matter has been directed to be called on 05.11.2008 before the trial Court.'

(3.) CONTENDING contra, the learned counsel for the first respondent submits that the trial Court has exercised its judicial discretion in passing a conditional order in I.A.No.35 of 2007 which is a well-merited one and the trial Court has only been influenced based on the principle of providing an opportunity to the first respondent/plaintiff to conduct the case and therefore, prays for dismissing the revision.