PERIA MUTHIRIAN Vs. KARAPPANNA MUTHIRIAN

JUDGEMENT

(1.) THE order of the District Munsif was that costs were to be paid on or before the 24 June 1904. It was not however till the 11 July that the amount of the costs was ascertained and even then the amount was incorrect and it was not till the 29 July that the correct figures were given. Application for extension of time in which to pay was made on the 30 July. We must hold that the District Munsif exercised a sound discretion in extending the time for payment inasmuch as it was absolutely impossible for the plaintiffs to pay the amount of costs into Court on or before the date originally fixed, i.e., the 24 June We allow this appeal, set aside the order of the learned Judge and restore that of the District Munsif with costs before Mr. Justice Boddam and in this Court.