JUDGMENT Both these original petitions have been filed by the petitioner/plaintiff for challenging the condition imposed by the Principal Sub Judge, Thalassery, in RPIA Nos.49 & 51 of 2023, filed in O.S No.31/2022.

2. Heard the arguments for the learned counsel for the petitioner and the respondent.

3.The case of the petitioner is that the petitioner/plaintiff filed a suit for recovery of money against four defendants in O.S No.31/2022 before the Principal Sub Court, Thalassery. The respondents/defendants were set ex parte, and the suit was decreed in favour of the plaintiff by judgment dated 30.11.2023. Subsequently, defendants 1 and 2 filed R.P.I.A. No. 49/2023, and defendants 3 and 4 filed R.P.I.A. No. 51/2023, both under Order IX Rule 13 of the Code of Civil Procedure , seeking to set aside the ex parte judgment. After hearing the argument, the trial court allowed both applications and set aside the ex parte decree by order dated 02.07.2025, imposing a cost of Rs. 3,000/-

each in R.P.I.A. Nos. 49/2023 and 51/2023. Hence the petitioner / plaintiff is before this court, challenging the same.

4.The learned counsel for the petitioner contended that the ex parte judgment delivered an