A DURAI Vs. MASILAMANI

JUDGEMENT

(1.) UNDER this revision, the order passed in Unnumbered I.A.S.R.No,4167of 2007 in I.A.No,2745 of 2005 in O.S.No.1422 of 1997 is under challenge. The said unnumbered application was filed under Section 5 of the Limitation Act to condone the delay of 138 days in complying with the order passed in I.A.No,2745 of 2005 in O.S.No.1422 of 1997 which was allowed on condition that the petitioner therein pays a cost of Rs.500/- on or before 5.4.2006. Since the petitioner could not comply with the condition, I.A.No,2745 of 2005 was dismissed on 6.4.2006. To restore I.A.No,2745 of 2005, unnumbered I.A. S.R.No,4167 of 2007 was filed by the petitioner on the ground that due to his Betrothel ceremony, he was at Thiruvannamalai, he could not inform the other defendants to comply with the order and soon after he returned to Chennai from Tiruvannamalai, after his Betrothel ceremony was over on 9.4.2006, he came to know about the dismissal of I.A.No,2745 of 2005 for non compliance of the conditional order dated 24.3.2006, on 6.4.2006. The learned trial Judge, who has passed the conditional order in I.A.No,2745 of 2005 in O.S.No.1422 of 1997, after taking into consideration, the plight of the petitioner, thought it fit to allow the same on payment of cost of Rs.500/-. Since the petitioner could not pay the cost within the time, due to some personal inconvenience like his own Betrothel ceremony, I am of the view that an opportunity must be given to the revision petitioner to pay the cost by extending the time.

(2.) IN fine, this civil revision petition is allowed and the order passed by the learned District Munsif, Alandur in unnumbered SR.No,4167 of 2007 is set aside and the revision petitioner is given time to pay the cost of Rs.500/- by today at 4.45p.m. to the other side, who is willing to receive the cost. Memo to be filed by 4.45p.m.today. Otherwise, this civil revision petition shall deem to have been dismissed. On compliance, the learned trial Judge is directed to restore O.S.No.1422 of 1997 to his file and dispose of the same in accordance with law within a period of two months from the date of receipt of a copy of this order. At this juncture, the learned counsel appearing for the revision petitioner would represent that he is paying the cost to the other side and an endorsement also made to that effect.