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2007 DIGILAW 589 (MAD)

P. N. Govindan v. A. Ramasamy & Another

2007-02-16

R.BANUMATHI

body2007
Judgment :- Challenge in this revision is to the Order made in I.A.No.2172/2004 in O.S.No.154/2006 on the file of District Munsif Court, Tiruchengode, allowing the application filed under Or.9 R.9 CPC, on payment of cost of Rs.750/- to each of the Defendants. 2. Heard both. 3. Respondents/Defendants filed Suit for Specific Performance and the suit was dismissed for default on 09.08.2004. For restoration of the suit, the Plaintiff has filed I.A.No.2172/2004, under Or.9 R.9 CPC stating that he was suffering from Acid Peptic disease with fever. Defendants strongly opposed the application. 4. The learned District Munsif observed that the reasons stated in the affidavit are not convincing but however, allowed the application on payment of cost, which is challenged in this Revision Petition. The learned District Munsif appears to have allowed the application only with a view to afford an opportunity to the Petitioner to pursue the suit. 5. The learned Counsel for the Revision Petitioner Defendant has contended that the Respondents had already left the matter once for dismissal. This is the second application which was not taken note of by the lower Court. Since the delay was condoned, now the suit was posted for trial. 6. The suit is for Specific Performance. Justice oriented approach is to be adopted so as to advance substantial justice. When the trial Court has exercised its discretion, the revisional Court would not lightly interfere unless it suffers from perversity. 7. The impugned Order is confirmed and this Revision Petition is dismissed. No costs. Consequently, CMP No.1/2007 is also dismissed. 8. It is stated that trial has already commenced and PW-1 is in the box. Under such circumstances, suitable directions could be issued to the trial Court to dispose of the suit, fixing a time frame. The learned District Munsif, Tiruchengode is directed to dispose of the suit O.S.No.154/ 1996 by the end of April 2007. Both parties are directed to cooperate with the Court for early disposal of the suit.