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Judgment
C.S. Karnan, J.—The Petitioner has filed the above civil revision petition against the fair and decretal order of the Additional District Munsif, Thoothukudi dated 14.03.2011 made in I.A. No. 45 of 2011 in I.A. No. 32 of 2010 in O.S. No. 470 of 2008.
The brief facts of the case are as follows:
(i) The revision Petitioner/Plaintiff has filed a civil case in O.S. No. 470 of 2008 against the Respondent/Defendant to pass a decree restraining the Defendant from conducting elections as per law and to appoint an election officer to conduct election in the Defendant''s society and other relief. The Defendant had also filed a written statement and opposed the suit. The suit came up for hearing on 02.01.2010. On that day, the Plaintiff appeared and tendered evidence and marked three documents. The Defendant was called absent, and decree was passed.
(ii) Aggrieved by the said ex-parte decree, the Defendant has filed a set aside application in I.A. No. 32 of 2010 on 11.01.2010, to set aside the ex-parte decree passed on 08.01.2010. The Plaintiff has filed a counter statement and opposed the set aside application stating that the Defendant had wantonly and deliberately not appeared before the Court in order to prolong the case. After considering the averments of both sides and after hearing the arguments advanced by the counsels of both sides, the learned Additional District Munsif, Tuticorin was pleased to allow the set aside application on 01.07.2010 with the condition that the Defendant has to pay a sum of Rs. 500/-as costs on or before 08.07.2010. The same was not complied with by the Defendant. Hence the set aside application was dismissed on 09.07.2010. Thereafter, the Defendant has filed an interlocutory application in I.A. No. 461 of 2010 u/s 5 of the Limitation Act 1963 for condoning the delay of 81 days in complying with the earlier conditional order. The same was dismissed by the learned Additional District Munsif, Tuticorin. Aggrieved by the said order, the Defendant has filed revision petition before this Court in CRP(NPD)(MD) No. 2777 of 2010. The same was dismissed with the observation stating that the revision Petitioner/Defendant is at liberty to file a petition by way of invoking Section 148 of the CPC Code.
(iii) As per this Court''s above observations, the Defendant has filed an interlocutory application in I.A. No. 45 of 2011 to grant extension of time for paying the costs which was ordered in I.A. No. 32 of 2010. The same was opposed by the Plaintiff after filing a counter statement. The learned Additional District Munsif, Tuticorin after hearing the arguments of both the sides, allowed the application. Against the said order, the revision Petitioner/Plaintiff has filed the above revision.
The learned Counsel for the revision Petitioner argued that the trial Court has not considered the scope of Section 148 of the Code of Civil Procedure, while deciding the petition for extension of time. Further, the trial Court has not properly considered the objection raised by the revision Petitioner. The learned Counsel further argued that the Defendant, in order to prolong the case, has not complied with, the conditional order, within time. Due to non-cooperation of the Defendant, the civil proceedings are being dragged on.
The learned Counsel for the Respondent/Defendant argued that the main suit has to be disposed of on merits after framing necessary issues. Therefore, the ex-parte order has to be set aside for proper adjudication. If the ex-parte order is set aside, the revision Petitioner/Plaintiff''s interest will not be prejudiced.
In view of the facts and circumstances of the case, arguments advanced by the learned Counsel on either side, and on perusal of the impugned order and decretal order of the learned Additional District Munsif, Tuticorin, this Court is of the considered opinion that if the main suit is disposed of on merits, the interest of the Plaintiff will not be prejudiced. However, for balance of convenience, the Respondent/Defendant shall pay a sum of Rs. 5,000/-to the Petitioner''s counsel by way of cash within a period of one week from the date of receipt of a copy of this order. After the Defendant comply with this conditional order, the learned Additional District Munsif, Tuticorin, shall dispose of the main suit within a period of three months without being influenced by this Court''s discussions. Accordingly ordered.
Resultantly, the above civil revision petition is disposed of with the above observations. Consequently, connected miscellaneous petition is closed. There is no order as to costs.