R ANANDAKUMAR Vs. RAVEENDRAN

JUDGEMENT

(1.) THE petitioner, the defendant in O.S.No.523 of 2006 on the file of the Principal Sub Court, Kollam, filed I.A.No.1316 of 2008 under Order IX Rule 13 of the Code of Civil Procedure to set aside the exparte decree. THE trial court dismissed the application. Challenging that order, the petitioner filed F.A.O.No.17 of 2010, which was allowed by the Division Bench subject to three conditions. THE first condition was that the appellant shall furnish security to the satisfaction of the trial court for the plaint claim within three months from the date of the judgment.

(2.) IT is stated that conditions 2 and 3 in the judgment in F.A.O.No.17 of 2010 were complied with. The petitioner has also made the necessary application for accepting security. But the security furnished was found to be not proper. The petitioner prayed for time to produce bond. The court below, as per the order dated 12.10.2010 rejected the request on the ground that time for production of bond was fixed by the High Court in the judgment in F.A.O.No.17 of 2010 and, therefore, the court below could not extend the time. The order dated 12.10.2010 is under challenge in this Original Petition.