Parade Advertising and Marketing (P)Ltd. v. M. H. Kheebathullah Prop. Vichitra Arts Complex
2009-03-30
A.C.ARUMUGAPERUMAL ADITYAN
body2009
DigiLaw.ai
Judgment Heard the learned counsel appearing for both sides. 2. This revision petition has been directed against the order passed in I.A.No.602 of 2007 in O.S.No.411 of 2005, a petition for extension of time of two weeks to comply with the order passed in I.A.No.275 of 2007 in O.S.No.411 of 2005. The order passed in I.A.No.275 of 2007 in O.S.No.411 of 2005 was directing the defendant/revision petitioner to deposit 1/3rd of the suit amount before the trial Court on or before 20.7.2007. Since the defendant/revision petitioner could not comply with the said condition imposed in I.A.No.275 of 2007 in O.S.No.411 of 2005, had filed an application in I.A.No.602 of 2007 in O.S.No.411 of 2005 for extension of 15 days time. The said application was dismissed as infructuous by the learned trial Judge on the basis of an endorsement made by the learned counsel appearing for the respondent in I.A.No.602 of 2007. There are number of decisions by this Court as to the effect that Section 148 of CPC is to be applied liberally. 3. In fine, this civil revision petition is allowed and the order passed by the learned trial Judge in I.A.No.602 of 2007 in O.S.No.411 of 2005 is set aside and the revision petitioner is given time till 14. 2009 to comply with the order passed in I.A.No.275 of 2007 in O.S.No.411 of 2005 on the file of the Court of Principal Subordinate Judge, Erode failing which this civil revision petition shall deem to have been dismissed. No costs. Consequently, connected M.P.No.1 of 2009 is closed.