Nalabala Chalamiah Vs. Nalabala Rubiah and anr. - Court Judgment |
| Civil |
| Chennai High Court |
| Oct-16-1952 |
| Civil Revn. Petn. No. 1482 of 1951 |
| Govinda Menon, J. |
| AIR1953Mad464; (1952)2MLJ944 |
| Code of Civil Procedure (CPC) , 1908 - Order 9, Rule 13 |
| Nalabala Chalamiah |
| Nalabala Rubiah and anr. |
| T.S. Narasinga Rao and ;M. Balachandrudu, Advs. |
| O. Chinnappa Reddi, ;P. Ramakrishna and ;B. Prasada Rao, Advs. |
| Revision petition dismissed |
- govinda menon, j.1. 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 1-10-1951. mr. t. s. narasinga rao argues that 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 o. 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.2. as a matter of grace the time granted to the petitioner to deposit the costs is extended till 15-11-1952. 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.
Govinda Menon, J.
1. 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 1-10-1951. Mr. T. S. Narasinga Rao argues that 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 O. 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.
2. As a matter of grace the time granted to the petitioner to deposit the costs is extended till 15-11-1952. 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.