RAMAKRISHNAN Vs. THANKA

JUDGEMENT

(1.) This appeal is at the instance of the petitioner in I.A.No.565/2016 in O.S.No.322/2011 on the file of the Additional Subordinate Court, Palakkad. He was the defendant in the suit. He was set ex parte. Thereafter, he filed an application to set aside the ex parte decree. That was allowed on payment of the cost of Rs.1,500.00(Rupees one thousand and five hundred only) within five days. Since the cost was not paid, the application to set aside the ex parte decree was dismissed. Challenging the same, he has approached this Court.

(2.) It is apparent that there was an omission on the part of the appellant to pay the cost as ordered in the impugned order. The appellant expressed his willingness to pay the cost. The appellant was aged 76 years at that time. The cost ought to have been paid within five days from 9/9/2016. He appeared to have raised the cost on 23/9/2016 and submitted a memo to that effect. It was noted that the cost was not paid within time, the application has been dismissed.

(3.) The appeal is disposed of as above.