This revision petition is directed against the order dated 29.11.2013 in C.M.A.No.3/2013 by which the court below passed a conditional order directing the petitioner to pay a sum of Rs.2,000/- to the respondent and on payment of which the trial court was directed to take back the suit on file and dispose of it on merits. It is also stipulated that if payment was not effected within the time specified in the order, the order of the court below dismissing the suit will stand. Without paying the amount within the stipulated time, the petitioner moved I.A.No.684/2014 on 18.07.2014 praying for extension of time. The court below unimpressed by the reasons given for extension of time, dismissed the petition. That brings the petitioner before this Court. 2. Strictly speaking, the proceedings reflect a series of latches, negligence and indifference.
3. It is pointed out by the learned counsel for the petitioner that the suit was included in the list for trial for the first time on 06.12.2012 on which date unfortunately the petitioner could not appear and it was not due to any latches or negligence that the said omission had occurred and it was due to reasons beyond her control that it so happened. It is pointed out that the trial court ought to have granted her an opportunity and dismissing the suit for default was not justified. It is also pointed out that failure to comply with the order in the CMA directing payment of Rs.2,000/- was also due to reasons beyond her control and if the suit is not decided on merits, it will cause irreparable loss and injury to the petitioner. It is further pointed out that she was taken ill and was unable to move about and that had caused the omission.
4. Though not quite impressive, it is felt that the petitioner ought to be given an opportunity to have her claim adjudicated on merits. One cannot omit to note that there was also a counter claim in the suit which was decreed against the petitioner. The trial court could not be found fault with for not allowing the petition for restoration because the trial court was of the opinion that since no proceedings had been taken against the ex parte decree in the counter claim, no purpose will be served by restoring the suit. The lower appellate court has also taken note of the same while passing the order allowing the CMA on condition. The lower appellate court had made it explicitly clear that the restoration of the suit will not have any impact on the decree in the counter claim.
Whatever that be, it is felt that the petitioner ought to be given an opportunity to agitate her claim on merits. Therefore, if the amount as directed by the lower appellate court is paid on or before 11.12.2014, the suit will stand restored to file and the trial court may dispose of it on merits. If the amount is not paid within the stipulated time, the Civil Revision Petition will stand dismissed.
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smp P.BHAVADASAN JUDGE // True Copy // P.A. to Judge.