TULSI SAO Vs. RAJESH PRASAD

JUDGEMENT

(1.) The petitioner, plaintiff in Eviction Suit No. 06 of 2008, is aggrieved of order dated 15.9.2012 by which his application seeking extension of time for complying with order dated 28.11.2011 has been declined.

(2.) Eviction Suit No. 06 of 2008 was instituted for ejection of the defendant on the ground of default in payment of rent and personal necessity. After the plaintiffs evidence was closed and the defendant filed examination-in-chief of one of his witnesses, an application for withdrawal of the suit with liberty to institute a fresh suit was filed on 12.8.2011. This application was allowed by the Trial Court vide its order dated 28.11.2011, however, subject to payment of cost of Rs. 2,000.00 within one month. This order was not complied by the plaintiff within time and therefore seeking extension of time for complying with order dated 28.11.2011 an application was filed on 17.3.2012. Observing that after disposal of the suit the Court has become functus officio, this application was dismissed by the Trial Court. Aggrieved, the plaintiff has approached this Court.

(3.) Plea taken by the petitioner is that he had no knowledge of the peremptory order dated 28.11.2011 and that is why cost as imposed by the Trial Court could not be deposited within one month.