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Peria Muthirian and ors. Vs. Karappanna Muthirian and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1906)ILR29Mad370
AppellantPeria Muthirian and ors.
RespondentKarappanna Muthirian and anr.
Excerpt:
civil procedure code - act xiv of 1882, section 373--court has power to extend time for payment of costs. - 1. the order of the district munsif was that costs were to be paid on or before the 24th june 1904. it was not however till the 11th july that the amount of the costs was ascertained and even then the amount was incorrect and it was not till the 29th july that the correct figures were given. application for extension of time in which to pay was made on the 30th july. we must hold that the district munsif exercised a sound discretion in extending the time for payment inasmuch as it was absolutely impossible for the plaintiffs to pay the amount of costs into court on or before the date originally fixed, i.e., the 24th june we allow this appeal, set aside the order of the learned judge and restore that of the district munsif with costs before mr. justice boddam and in this court.
Judgment:

1. The order of the District Munsif was that costs were to be paid on or before the 24th June 1904. It was not however till the 11th July that the amount of the costs was ascertained and even then the amount was incorrect and it was not till the 29th July that the correct figures were given. Application for extension of time in which to pay was made on the 30th July. We must hold that the District Munsif exercised a sound discretion in extending the time for payment inasmuch as it was absolutely impossible for the plaintiffs to pay the amount of costs into Court on or before the date originally fixed, i.e., the 24th June We allow this appeal, set aside the order of the learned Judge and restore that of the District Munsif with costs before Mr. Justice Boddam and in this Court.


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