This revision petition is directed against the order dated 13.09.2007 of Sub Court, Sulthan Bathery whereby the lower appellate court confirmed the dismissal of application filed by the petitioner under Order IX Rule 9 of the Code of Civil Procedure. The facts absolutely necessary for the disposal of the petition are as follows. 2. The petitioner is the plaintiff in the suit. The suit was posted for evidence on 17.01.2005. Since the petitioner was laid up, he could not appear before the court below on the said date and the suit was dismissed for default. The petitioner filed an application under Order IX Rule 9 CPC and that petition was opposed by the respondent by filing a statement. It is pointed out by the respondent that the suit was dismissed for default on an earlier occasion also and C.M.A.No.5/2000 was filed to restore
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the suit to file and that was allowed and the petitioner was well aware of the posting of the case on 17.01.2005. The respondent also disputed the pleas of the petitioner. After hearing both sides, the court before which the petition under Order IX Rule 9 CPC was filed was not impressed by the grounds raised by the petitioner for restoration of the suit and the petition was dismissed. That was carried in appeal as CMA No.34/2005. By order dated 13.09.2007, the said CMA was dismissed confirming the order of the court below.
3. In the petition, the petitioner has filed an application to condone the delay and the delay has been condoned today on condition that the petitioner pays an amount of Rs.2,500/- to the counsel for the respondent within two weeks from today.
In the light of the fact that the delay stands condoned, it is only proper that this Court directs the suit be restored and disposed of it in accordance with law provided he pays the amount within the time stipulated by this Court. If the amount ordered is paid within the stipulated time, the suit shall be restored to file and the trial court shall dispose of the suit as
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expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this order.
Sd/-
P.BHAVADASAN JUDGE smp // True Copy // P.A. to Judge.