This court dismissed a review application filed under Order 47 Rule 1 r/w Section 114 of the CPC against an order rejecting an extension plea for paying costs in a civil revision petition. The court held no error existed as the petitioner failed to meet the cost payment deadline.
The review application was dismissed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.11.2019
CORAM:
THE HONOURABLE Mr. JUSTICE R. SURESH KUMAR
Rev. A. No. 207 of 2019
-Vs-
Govindasamy
... Respondent/Respondent/Respondent
Prayer : Petition filed under Order 47 Rule 1 of the Civil Procedure Code to review the order dated 09.09.2019 and made in C.M.P.No. 14850 of 2019 in C.R.P. No. 8 of 2014.
Prayer in CMP No.14850 of 2019;Petition praying that in the circumstances stated therewith and in the affidavit filed therewith the High Court will be pleased to extend time by 4 weeks in CRP NPD No.8/2014 dated 12/03/2019 so as to enable the Petitioner to pay the amount to the respondent.
Prayer in CRP NPD No.8 of 2014:Civil Revision Petition filed under Section 115 of CPC against the fair and decreetal order dated 09/12/2013 made in IA.No.798 of 2013 in O.S.No.188 of 2010 on the file of the District Munsif, Attur.
For Applicants : Mr. P. Ganesan
O R D E R
This Review Application has been filed against the order passed by this Court in C.M.P. No. 14850 of 2019 in C.R.P. No. 8 of 2014, by order dated 09.09.2019, where this Court has passed the following order:
"This Court, by an order dated 12.03.2019, while allowing the above Civil Revision Petition No.8 of 2014, has made a condition that the revision petitioner has to pay a sum of Rs.10,000/- to the respondent within four weeks from the date of receipt of a copy of the order. Accordingly, the copy of the
order dated 12.03.2019 was made ready and delivered to the petitioner on 15.05.2019. Therefore, thirty days time was over by 14.06.2019. Despite the same, the cost of Rs.10,000/- has not been paid.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
The District Munsif, Attur, Salem District.
+1cc to M/s.C.S.Associates, Advocate Sr.94344
Rev. A. No. 207 of 2019
nr[co] srg 26/12/2019
2 issues framed by the court
Whether a conditional order rejecting a request for extension of time for payment of costs deserves review under Order 47 Rule 1 r/w Section 114 of the Civil Procedure Code.
Whether any error or omission of law was available on record to justify granting a review petition.
2 provisions across 1 enactments
Thirumurugavel
Parameswari
Govindasamy
R. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
