The revision petitioner/defendant has filed this civil revision petition as against the conditional order passed in I.A.No.393 of 2009 in O.S.No.7 of 2006 passed by the learned District Munsif, Jayankondam, in directing the petitioner to pay a cost of Rs.3000/- to the respondent before 20.11.2009 failing which the application shall stand dismissed and directed to list the matter on 23.11.2009.
2. To avoid an avoidable delay, this Court in the interest of justice dispenses with the issuance of notice to the respondent in this revision.
3. On going through the order passed by the trial Court in I.A.No.393 of 2009 in O.S.No.7 of 2006, it is quite evident that the trial Court has passed the conditional order in I.A.No.393 of 2009 filed by the petitioner under Section 5 of the Limitation Act to condone the delay of 501 days to set aside the exparte decree dated 2.11.2007 and further it has inter alia opined that the main suit is of the year 1999 and even though the petitioner has produced medical certificates in regard to his complaint of chest pain ,the same are not to be accepted etc and since the petitioner has averred that he has got a meritorious good case to contest, the exercise of discretion by the trial Court is just, fair and valid one, in directing the petitioner to pay a cost of Rs.3000/-to the respondent before 20.11.2009 and the said discretion exercised by the trial Court in the impugned order in I.A.No.393 of 2007 dated 3.11.2009 cannot be said to be an arbitrary and capricious one by any stretch of imagination and viewed in that perspective, this civil revision petition is devoid of merits and resultantly the same fails.
3. In the result, the civil revision petition is dismissed at the admission stage itself, leaving the parties to bear their own costs. However, the petitioner/defendant is given five weeks time to deposit a cost of Rs.3000/- as ordered by the trial Court in I.A.No.393 of 2009 in O.S.No.7 of 2006 from the date of receipt of copy of this order. Consequently, connected M.P.No.1 of 2009 is also dismissed.
sg To The District Munsif, Jayankondam