The application to set aside the ex-parte decree was allowed on terms. The third defendant was directed to pay a sum of Rs. 5,000/- as costs to the plaintiff. The time for payment was once extended at the instance of the third defendant. The request for further enlargement of time has been disallowed by the Court below by the order impugned.
2. Every endeavour should be made to dispose of the suit on merits. I do feel that an opportunity should be afforded to the third defendant to pay the costs. I extend the time till 31.07.2014 to pay the costs of Rs. 5,000/-.
3. A further sum of Rs. 5,000/- shall also be paid by the third defendant to the plaintiff as penalty for laches. The ex- parte decree would stand set aside if a total sum of Rs. 10,000/-
O.P.(C) No. 2218 of 2013 2 is paid by the third defendant to the plaintiff on or before 31.07.2014.
4. I make it clear that only the ex-parte decree as against the third defendant would stand set aside on the payment of costs as directed above.
The original petition is disposed of.
V.CHITAMBARESH JUDGE DCS