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1992 Supreme(AP) 491

N.D.PATNAIK
K. Ebrahim and Co. – Appellant
Versus
Innamuri Venkatachalamayya – Respondent


N. D. PATNAIK, J.

( 1 ) THE respondent in this Civil Revision Petition filed a suit O. S. No. 14 of 1991 on the file of the Subordinate Judge, Tenali against the petitioner herein for recovery of some money. In the said suit, the petitioner-defendant was set ex parte, and ex parte decree was passed and the respondent-plaintiff filed a petition to execute the said decree. Then, the petitioner filed an application under Or. IX, Rule 13 C. P. C. seeking to set aside the ex parte decree. As there was some delay in filing that application, he filed an application under Section 5 of the Limitation Act to condone the dealy. As the execution is pending, the petitioner filed an application under Section 151 C. P. C. to stay further proceedings in the execution petition. The lower Courtallowed that application granting stay of execution on condition of the petitioner depositing into court costs awarded in the suit and also half the decretal amount The petitioner filed this Revision aggrieved by the order of the lower Court imposing condition regarding the deposit of suit costs and half the decretal amount.

( 2 ) THE learned counsel for the petitioner contends that the condition imposed by the





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