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2014 DIGILAW 3664 (MAD)

Easwari v. Krishnappa Chetty

2014-09-25

S.VIMALA

body2014
Judgment : 1. This Civil Revision Petition has been filed by the plaintiff challenging the dismissal order dated 11.10.2012 passed in I.A.No.47 of 2012 in O.S.No.56 of 2011, on the file of the Principal District Court, Krishnagiri. 2. The suit in O.S.No.56 of 2011 was filed for permanent injunction and for delivery of possession and the suit was dismissed on 28.09.2011. 3. The plaintiff has filed an application under Order 9 Rule 9 C.P.C. along with an application under Section 5 of the Limitation Act to condone the delay of 113 days in filing the restoration petition. 4. The Court has passed an order directing the plaintiff to pay a sum of Rs.1,000/- to the third contesting defendant on or before 10.10.2012. As the cost was not paid in time, the petition for restoration has been dismissed. Challenging the same, the present revision petition has filed. 5. The learned counsel for the revision petitioner submitted that the reasons for non payment of cost was beyond the control of the petitioner, and that the revision petitioner is ready to pay the cost across the table. 6. The cost was paid today and the learned counsel for the contesting third respondent has received the cost, which was paid and the same is recorded. 7. In view of the subsequent payment of cost, which was accepted by the other side, the order dismissing the interlocutary application dated 11.10.2012 passed in I.A.No.47 of 2012 in O.S.No.56 of 2011 is set aside and the suit is directed to be restored to file. 8. With the above direction, this Civil Revision Petition is disposed of. No costs.