PERIASAMY Vs. PONNAPPA NADIR

JUDGEMENT

(1.) HEARD both the learned counsel appearing for the petitioner as well as the respondents.

(2.) THIS Civil Revision has been preferred under Article 227 of the Constitution of India, challenging the order, dated 14.03.2011 made in an unnumbered I.A in I.A.Sr.No.1880 of 2011 in I.A.No.321 of 2010 in O.S.No.151 of 2008 on the file of the Subordinate Judge, Dharapuram, Erode District.

(3.) CONSIDERING the facts and circumstances, the Court below, passed a conditional order, directing the petitioner herein to pay cost of Rs.1,500/- on or before 09.12.2010 and has also made clear that the non-compliance of the conditional order would result in the dismissal of the application and the I.A.No.321 of 2010 was posted for reporting compliance on 10.12.2010. It is not in dispute that the conditional order, dated 09.11.2010 was not complied with and the cost was not paid, hence, according to the learned counsel appearing for the respondents, the application was dismissed on 10.12.2010 for the non-compliance of the conditional order, dated 09.11.2010. However, the petitioner / defendant filed an unnumbered Interlocutory Application under Section 148 r/w 151 CPC, seeking extension of time, that was returned with an endorsement, dated 14.03.2011, stating that as how the application was maintainable. Aggrieved by which, the revision was preferred.