K. ANNADURAI Vs. A. KANNAN

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 06.01.2015 made in I.A.No.552 of 2014 in I.A.No.204 of 2014 in O.S.No.165 of 2011 on the file of the District Munsif cum Judicial Magistrate Court, Perundurai, Erode District.

(2.) The petitioner is plaintiff and respondent is defendant in O.S.No.165 of 2011 on the file of the District Munsif Court, Perundurai. The petitioner filed said suit for declaration to declare the right of use of the B schedule property by way of easementary by prescription and for permanent injunction restraining the respondent from interfering with the petitioner's right of use of the B schedule property. The respondent filed written statement in the month of March 2012 and is contesting the suit. Trial commenced, petitioner was examined as P.W.1 and examined his witness and closed his side. The respondent filed an application for recalling P.W.1. The said application was allowed and the suit was posted to 10.03.2014 for further cross-examination of P.W.1/petitioner. On that date, petitioner and his counsel did not appear and the suit was dismissed for default. The petitioner filed I.A.No.204 of 2014 for restoring the suit on the ground that he was suffering from fever and could not appear before the Court. The said application was allowed on payment of costs of Rs.500/- payable to the respondent on or before 19.06.2014. The petitioner failed to pay the costs and application was dismissed on 20.06.2014.

(3.) The petitioner filed present application I.A.No.552 of 2014 for extension of time for payment of costs. According to the petitioner, fever reoccurred, he was bed ridden for one month and he could not contact the counsel and pay the costs. The respondent filed counter affidavit and opposed the said application and submitted that the petitioner has come out with the present application only to drag on the proceedings and prayed for dismissal of the application.