JUDGMENT

Heard the counsel for the petitioner.

2. The petitioner is the defendant in O.S.101/07 on the file of the Sub Court, Pala instituted by the first respondent/bank for recovery of money. The suit was decreed ex parte as the petitioner as also the other defendants in the suit did not appear when the suit stood posted for trial in the special list. Thereafter, the petitioner filed an application to set aside the ex parte decree and the court below vide Ext.P6 order impugned in this Writ Petition, allowed the said application on payment of cost of Rs.10,000/- to the first respondent and producing receipt within ten days.

3. To order the defendant who seeks to get the ex parte decree set aside, to pay an amount of Rs.10,000/- within a period of ten days tantamounts to disallowing the petition filed under Order IX Rule 13 as a person who is a debtor in the normal course will not be able to raise such a huge amount of Rs.10,000/- within ten days and to pay by way of cost to the first respondent/plaintiff. The cost so ordered is highly disproportionate and unconscionable and Ext.P6 order to that extent cannot be sustained.

4. In the result, even without notice to the respondent/decree