ORDER :- This Revision is directed against an order of the Civil Judge, Ghaziabad, dated 31-5-1978, directing the applicant to deposit an amount of Rs. 2 lacs within sixty days for setting aside an ex parte decree and restoring the suit to its original number. The applicant was the defendant in the suit and an ex parte decree had been passed against him. He had made an application for setting aside the ex parte decree and

had shown cause for not being present on the date when the decree was passed. The court below after considering the material on record came to the conclusion that there was sufficient cause for the absence of the applicant on the day the ex parte decree was passed. The court below allowed the application for setting aside the ex parte decree, but imposed a condition directing the defendant to deposit a sum of Rs. 2 lacs out of the decretal amount in court within 60 days. The present revision has been filed only against the imposition of this term.

2. Learned counsel for the applicant raised two points : Firstly, he contended that once the court comes to the conclusion that the defendant had no knowledge of the date fixed in the suit and there was a failure in giving

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