MANI Vs. SUBRAMANIYAN (DIED)

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decretal order passed in I.A. No. 360 of 2016 in I.A. No. 208 of 2012 in O.S. No. 73 of 2010 on the file of the Subordinate Judge, Neyveli, on 23.06.2017.

(2.) The short facts pertaining to this revision, which are required to be noticed, are as follows:

(3.) In this context, it is the case of the petitioner, as projected by the learned counsel for the petitioner that, even though time was given to pay the cost of Rs. 300/- (Rupees Three Hundred Only) on or before 30.10.2012, since the petitioner is a poor farmer, due to various reasons, he did not pay the cost immediately on or before 30.10.2012 and thereafter, the dismissal taken place on 31.10.2012 for non payment of cost could not be immediately taken note of by the petitioner and in the meanwhile, the learned counsel appearing for the petitioner before the trial Court died on 31.03.2013, i.e., within a span of five months. Therefore, the petitioner was not in a position to know what was the effect of non-payment of the cost which ought to have been paid by the petitioner on or before 30.10.2012 and according to the petitioner, he has no knowledge about the dismissal of the said I.A. on 31.10.2012 for non payment of cost, because the counsel on record died, ofcourse after five months from the date of the said order.