JUDGMENT (Oral)

1. This petition under Article 227 of the Constitution of India assails order dated 13th May 2013 passed by the learned Joint Registrar of this Court in CS (OS) 1478/2011, which was the earlier avatar of the suit instituted by the respondent against various defendants of which the petitioners were Defendants 9 and 10. Consequent to enhancement of pecuniary jurisdiction of District Courts, the suit was transferred to the Court of the learned Additional District Judge ("the learned ADJ") and renumbered CS DJ 10027/2016.

Facts

The first impugned order - dated 13th May 2013

2. At the time when the suit was pending before this Court as CS (OS) 1478/2011, the learned Joint Registrar in this Court, vide order dated 20th September 2012, condoned the delay of 106 days in filing of written statement by the petitioners (who are Defendants 9 and 10 in the suit) subject to payment of costs. Costs not having been paid, a last opportunity to do so was granted to the petitioners by the learned Joint Registrar on 26th November 2012. Instead of paying the costs, an application was preferred by the petitioners seeking waiver of costs, which was also dismissed by order dated 5th De