R ELUMALAI Vs. G VARADHAN

JUDGEMENT

(1.) THE revision petitioner/plaintiff has filed this civil revision petition praying for issuance of an order to set aside the payment accepted by the learned Principal Subordinate Judge, Tindivanam vide L. O. No. 482 dated 5. 3. 2009 in I. A. No. 5/2007 in O. S. No. 194/98.

(2.) ACCORDING to the learned counsel for the revision petitioner, the revision petitioner/plaintiff has filed the suit O. S. No. 194 of 1998 on the file of learned Principal Subordinate Judge, Tindivanam for specific performance of agreement dated 13. 02. 97 against the respondents/defendants and the suit has been decreed on 31. 1. 2006 and later E. P. No. 158 of 2002 has been filed and that during the trial P. W. 1 has been examined in chief on 15. 03. 2002 and examination has been over on 15. 04. 2002 and on 24. 09. 2002 the respondents/defendants having set exparte and that as per the order of the trial Court the revision petitioner/plaintiff has deposited Rs. 45,000/- and also submitted a draft sale deed and that the exparte order dated 24. 08. 2002 has been set aside and that the time has been granted for cross examination and that the exparte order has been set aside on 04. 12. 2003 and that on 04. 12. 2003 the first respondent has been present and the second and third respondent have been absent and again set exparte and since PW1 has not been cross-examined the first defendant has been set exparte etc.

(3.) LATER on 27. 07. 2002 the exparte order has been set aside and the matter has been adjourned from time to time. However, it is brought to the notice of this Court that on 30. 08. 2004 P. W. 1 has been partly cross examined and from 05. 11. 2005 the case has been adjourned for cross examination of P. W. 2 and P. W. 3 and their evidence has been closed on 03. 09. 2005 etc. , and ultimately the suit has been decreed on 31. 1. 2006 in favour of the revision petitioner/plaintiff n that the respondents/defendants have filed I. A. No. 5 of 2007 to set aside the judgment passed in the above suit praying to condone the delay of 131 days in projecting the application to set aside the judgment and the same has been dismissed on 22. 02. 2007 by the trial Court, as against which C. R. P. NPD. No. 3410 of 2007 has been filed against the order of the trial Court dated 22. 02. 2007 in I. A. No. 5 of 2007 and this Court by an order dated 23. 12. 2008 in C. R. P. NPD. No. 3410 of 2007 has passed a conditional order directing the respondents/defendants to deposit a sum of Rs. 5000/- in the lower Court on or before 30. 01. 2009. But the respondents/ defendants though filed the lodgment schedule in the lower Court on 23. 1. 2009 deposited the amount of Rs. 5000/- only on 05. 3. 2009 and inasmuch as the trial Court has committed an error in accepting a sum of Rs. 5000/- beyond the time limit fixed by this Court in C. R. P. NPD. No. 3410 of 2007 the same is an illegal one in the eye of law and as a matter of fact, the trial Court ought not to have issued the challan to the respondents/defendants for payment of Rs. 5,000/- after 30. 1. 2009, the date fixed by this Court and indeed, the trial Court has no jurisdiction to extend the time limit fixed by this Court and therefore, prays for allowing the civil revision petition in the interest of justice.