This civil revision is directed against the order dated 17. 10. 92 passed by the IInd Addl. Civil Judge, Saharanpur by which the court below allowed the application under Order IX, Rule 13 read with Section

151 C. P. C. with the condition that the applicant in case deposited half of the en tire amount decreed within 30 days, in case of default in depositing the amount within the period, the application 4c for restoration shall stand auto matically dismissed and the decree and judgment dated 11. 5. 92 would become effective.

2. The court was pleased to direct the revisionist to serve the respondent so that they may file a counter affidavit. The respondent has filed counter af fidavit and Sri Shekhar Srivastava filed appearance on their behalf.

3. The short and important question for consideration in this civil revision is that whether the court below was legally correct in imposing a con dition of depositing of 50% of the decretal amount passed ex parte. The learned counsel for the applicant-revisionist submitted that admittedly proper ties worth more than Rs. 10 lacs had already been equitably mortgaged in favour of the plaintiff-Bank, the claim of the Bank is sec