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1952 Supreme(Mad) 300
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice Govinda Menon, J.
Nalabala Chalamiah
Versus
Nalabala Rubiah
C.R.P. No. 1482 of.1951.
Decided On : 16 October 1952
T.S. Narasinga Rao and M. Balachandrudu for Petitioner.
O. Chinnappa Reddi, P. Ramakrishna and B. Prasada Rao for Respondents.
Sufficient grounds shows for non-appearance on the date on which sent disposed of.
Headnote:Code of Civil Procedure, 1908-Order 9, Rule 13 - Scope -Court has discretion of imposing conditions for setting aside ex-parte decree.
This is an application by a defendant in whose favour an ex parte decree has been set aside on condition that the costs of the suit are deposited before 1st October, 1951. Mr. T.S. Narasinga Rao argues that the condition imposed is too onerous especially in view of the finding of the learned Judge that the defendant had sufficient grounds for not appearing on the date on which the suit was disposed of. Even so Order 9, rule 13, gives ample discretion to the Court in setting aside an ex parte decree to impose such reasonable terms as the Court deems fit. I cannot say that the direction to deposit the costs of the suit is unreasonable or punitive. The civil revision petition is therefore dismissed with costs.
As a matter of grace the time granted to the petitioner to deposit the costs is extended till 15th November, 1952. If that is done the ex parte decree will be set aside and the suit tried on the merits. In default the ex parte decree will stand confirmed.
K.S. ----- Petition dismissed.
