N S YAMUNA Vs. A VENUGOPAL

JUDGEMENT

(1.) THE civil revision petition is against an order passed in I.A.No.4318 of 2000 in O.S.No.4002 of 1999 on the file of the III Assistant Judge, under Order 9, Rule 7, CPC.

(2.) THE petitioner is the defendant against whom an exparte order was passed on 10.3.2000 in the suit filed by the respondent for recovery of a sum of Rs. 1,81,600 with interest. So the petitioner filed the above interlocutory application to set-aside the exparte order. This was allowed by the learned Judge on condition the petitioner deposits the suit claim within a month from the date of the order and paid the cost of Rs.200, failing which the petition would stand dismissed. Aggrieved by this the present civil revision petition has been filed.

(3.) IN the result, this civil revision petition is partly allowed. The order of the III Assistant Judge dated 4.4.2000 in I.A.No.4318 of 2000 in O.S.No.4002 of 1998 is set aside in so far as the condition relating to depositing the suit claim in the Court is concerned. The learned Counsel for the petitioner submits that the cost of Rs.200 has already been paid. If the cost of Rs.200 has not already been paid, the petitioner is directed to pay within one week from the date of receipt of a copy of this order. Consequently, C.M.P.No.9186 of 2000 is closed.