The court emphasized the authority of the court to extend the time to pay costs under Section 151 of the Civil Procedure Code.

1. Heard both sides.

2. Animadverting upon the order dated 05.10.2010 passed by the learned District Munsif, Gudiyattam, Vellore District in I.A.No.1026 of 2008 in I.A.No.45 of 2008 in O.S.No.733 of 1985, this civil revision petition has been for cussed.

3. A thumb nail sketch of the germane facts, in a few broad strokes, can be encapsulated thus:

(i) O.S.No.733 of 1985 was filed by the respondents/plaintiffs seeking the following reliefs:

- To pass a judgment and decree -

- Declaring the plaintiffs' absolute title to the schedule "A" property;

- To grant permanent injunction restraining the defendant and his men and agents from in any way interfering with the plaintiffs' possession and enjoyment of the same;

- In case the oral exchange is not accepted in reference to the schedule "B" property, then declare the plaintiffs' title to the Schedule "A" property to the plaint and direct the defendant to deliver possession of the same to the plaintiff through court.

- To direct the defendant to pay the costs of the suit.

(Extracted as such)

(ii) The defendant was set exparte; whereupon, exparte decree was passed.

(iii) Subsequently, I.A.No.82 of 2006 was filed to get the delay condoned in filing the application under Order 9 Rule 13 of CPC. The delay was condoned; whereupon, I.A.No.45 of 2008 filed under Order 9 Rule 13 of CPC was taken up and it was condoned subject to payment of a sum of Rs.250/-as cost by the defendant in favour of the plaintiffs; however, cost was not paid within the time stipulated. Wherefore, I.A.No.1026 of 2008 was filed under Section 148 of the Code of Civil Procedure to get the time extended for paying the cost. After hearing both sides, the said application was dismissed by the court below.

(iv) Being aggrieved by and dissatisfied with the same, this revision has been focussed on various grounds by the defendant.

4. The learned counsel for the revision petitioner/defendant would submit that the court has already made up its mind to condone the delay and also to set aside the exparte decree. The cost imposed for condoning the delay was paid. However, the cost imposed to set aside the exparte decree was not paid due to inadvertence as there was some communication gap between the Advocate and the party concerned.

Accordingly, the learned counsel for the revision petitioner/defendant would pray for extending the time to pay the cost. He would also submit that his client is even ready to pay the penal cost also.

5. Per contra, the learned counsel for the respondents/plaintiffs, in a bid to torpedo and pulverise the arguments as put forth and set forth on the side of the revision petitioner/defendant, would pilot his arguments, which could tersely and briefly be set out thus:

The lower court was lenient enough in giving an opportunity subject to payment of a meager cost of Rs.250/-, which the revision petitioner herein failed to pay and thereby no sympathy could be shown towards such a person, who flouted the order passed by the court below.

Accordingly, he would pray for the dismissal of the revision petition.

6. The point for consideration is as to whether time could be extended for paying the cost imposed by the lower court in getting the exparte decree set aside?

7. A mere poring over and perusal of the records and more specifically the impugned order would display and demonstrate that I.A.No.1026 of 2008 was filed under Section 148 of the Code of Civil Procedure and the court felt that, that was not the appropriate application. Whereupon, alone the said order came to be passed.

8. From the order, what I could understand is that,it was not in the mind of the court that time should not be extended but the court thought that Section 148 of CPC was a legal embargo and beyond 30 days' time, it should not be extended. It was not the correct legal position of law as it was the court, which imposed the condition fixing the time limit for paying the cost. When such is the position, under Secti