The ex-parte decree in a suit for setting aside a document was set aside in appeal. This was however subject to the condition that the petitioners pay a sum of Rs. 5,000/- as costs to the first respondent. The application filed to extend the time for payment of costs was dismissed and an attempt to review the order was not successful. It is under these circumstances has the present Civil Revision Petition been filed under Section 115 of the Code of Civil Procedure. Every endeavour should be made to have the lis disposed of on merits rather than allowing a party to get a decree uncontested. I am inclined to afford one more opportunity to the petitioners to pay the costs of Rs. 5,000/- to enable them to contest the suit on merits.
2. The ex-parte decree in O.S. No. 60/2004 would stand set aside in the event of costs of Rs. 5,000/- being paid within a period of three weeks. The impugned order would remain intact in case the petitioners pay the first respondent the costs of C.R.P. No. 118 of 2012 2 Rs. 5,000/- within the extended time. It is open to the petitioners to deposit the amount in the trial court in the event of any refusal on the part of the respondents to receive the costs. The impugned orders Annexure A3 and A4 shall stand set aside on the payment of costs of Rs. 5,000/- to the first respondent within the extended time.
The Civil Revision Petition is disposed of.
V.CHITAMBARESH JUDGE DCS