P N SAMPATH Vs. M R SRINIVASAN

JUDGEMENT

(1.) THE revision petitioner/1st defendant has filed this Civil Revision Petition as against the order dated 19.02.2008 passed in I.A.No.198 of 2007 in O.S. No. 454 of 2004 on the file of the I Additional District Munsif, Salem in allowing the application under Section 5 of the Limitation Act with a condition that the revision petitioner/1st defendant shall deposit the decree amount of Rs.75,900/- before the trial Court on or before 19.03.2008 failing which the application will stand dismissed and the matter has been directed to be called on 20.03.2008.

(2.) THE trial Court in its order in I.A. No. 198 of 2007 dated 19.02.2008 has among other things observed that "this court is inclined to allow this petition in order to avoid the multiplicity of proceedings in the interest of justice to give one another chance to the petitioner to contest the case on merits. However, as already stated the petitioner has not stated any valid reason for the delay and the respondent/plaintiff need not be a sufferer for the carelessness of the petitioner and hence allowed the application subject to the condition that the revision petitioner/1st defendant shall deposit the decree amount of Rs.75,900/- into the Court on or before 19.03.2008, failing which the application stands dismissed, etc."

(3.) THIS Court has heard the learned counsel appearing for the parties and noticed their respective contentions.