Petition for condoning delay allowed by trail Court set aside in revision.

ORDER :- The plaintiff in O. S.No. 341 of 1964, Sub Court, Coimbatore is the petitioner in this civil revision petition, which is directed against the order of the Court below passed in E. A. No. 1703 of 1981 in I. A. 685 of 1980 in I. A. 136 of 1978 in O. S.341 of 1964, allowing the application filed by the respondent herein under Ss. 148 and 151, C. P. Code, praying that the delay in depositing the sum of Rs. 8,384 for payment to the petitioner be excused and time for such payment be enlarged. On 28-8-1968, the petitioner obtained a preliminary decree for partition and separate possession of her one-tenth share in the suit properties. The respondents herein filed I. A. 685 of 1980 in O. S.341 of 1964 praying for the appointment of a Commissioner for the division of Item 1 of the suit properties into ten equal shares by metes and bounds and for suggesting the manner of allotment and to pass a final decree thereafter. While that application was pending, a joint petition was filed by the respondents herein and the first defendant in O. S.341 of 1964 praying that by consent of parties, a final decree may be passed. Pursuant to this, on 9-7-1980, a compromise final decree was passed and clauses 1 to 6 thereunder were as follows:

"1. That the value of the suit property Item 1 be and hereby is feed at Rs. 80,000 and that the said item in its entirety be allotted to the petitioners-defendants 2 to 9.

2. That the petitioners-defendants 2 to 9 do pay compensation amount of Rs. 8,000 to the respondent-first defendant in lieu of his 1/10 share in Item 1.

3. That the petitioners defendants 2 to 9 do pay Rs. 7,800 to the respondent first defendant towards the costs of improvements effected by him to Item 1.

4. That the petitioners-defendants 2 to 9 do pay Rs. 8,000 to the plaintiff in lieu of her 1/10 share in Item 1.

5. That in respect of the sale proceeds of Rs. 12,000 of suit Item 2 (which is not included in the final decree application) the petitioners defendants 2 to 9 do pay the respondent first defendant Rs. 4,200 for his 11/50 share and Rs. 384 to the plaintiff for her 1 /50th share.

6. That the petitioners-defendants 2 to 9 do pay the amounts mentioned in Clauses 2 to 5 above mentioned to the respondent first defendant and the plaintiff within six months from date of final decree".

Thus, under Clause 6 of the final decree above referred to, the respondents should have paid the sum of Rs. 8,384 to the petitioners within six months from 9-7-1980, that is, on or before 9-1-1981. There is no dispute that the respondents did not make the payment of Rs. 8,384 to the petitioners as provided under the Clause 6 of the final decree passed by consent. Similarly, the respondents also did not pay the amounts payable to the first defendant as per Clauses 2, 3 and 5 within the time stipulated under Clause 6 of the final decree earlier referred to. Thereupon, the first defendant in O. S.341 of 1964, who was entitled to be paid Rs. 20,000, under Clauses 2, 3 and 5 and 6 of the final decree, issued a notice on 2-2-1981 drawing attention to the terms of the compromise decree and stating that the respondents had been evading to make payment on some pretext or other and that if any payment is made thereafter, that will not be accepted and that the first defendant will continue to enjoy his property as before. This notice evoked a reply from the respondents on 9-3-1981, to the effect that while it is true that the amounts should be paid within six months from the date of the final decree, yet, they had not been in a position to raise funds and that every effort was being made to raise funds at an early date with a view to make the payment and, therefore, the first defendant in O. S.341 of 1964 will be advised to wait for some more time and be informed that the payment win be made as early as possible. Even thereafter, the amounts payable by the respondents under Clause 6 of the final decree had not been paid either to the petitioner or to the first