PALANISAMY Vs. MUTHUSAMY GOUNDER

JUDGEMENT

(1.) This civil revision petition has been filed by the petitioner against the order passed by the lower court in allowing the application on condition that the petitioner has to deposit a sum of Rs. 25,000.00 out of the suit claim of Rs. 65,000.00 and also to pay a sum of Rs. 1000.00 to the Kangayam Taluk Legal Aid Committee and a sum of Rs. 1000.00 to the respondent towards costs on or before 11.03.2010 in default to dismiss the said application.

(2.) Heard Mr.N. Manoharan, learned counsel for the petitioner and Mr.M.A.P. Thangavel, learned counsel for the respondent.

(3.) Learned counsel for the petitioner would submit in his argument that the lower court having accepted the reasons submitted by the petitioner to set aside the ex-parte decree had come forward to impose the condition of depositing a sum of Rs. 25,000.00 towards the suit claim and also directed to pay a cost of Rs. 1000.00 to each Kangayam Legal Aid Committee and to the respondent within the time frame and the said condition is onerous and therefore, it has become necessary for filing the revision so as to interfere with the onerous condition imposed by the lower court for the purpose of allowing the application filed before the lower court. He would further submit in his argument that the petitioner is having a very good case and therefore, there is no necessity of depositing the part of the suit claim which would amount to passing a decree in favour of the respondent, now itself.