LAWS(MAD)-2010-7-131

S JOTHILINGAM Vs. M RAJKUMAR

Decided On July 01, 2010
S.JOTHILINGAM Appellant
V/S
M.RAJKUMAR Respondents

JUDGEMENT

(1.) Inveighing the order dated 5.3.2008 passed by the District Munsif, Arani, Thiruvannamalai in I.A.Nos.621 & 622 of 2007 in O.S.Nos.274 and 281 of 2004, these civil revision petitions are focused.

(2.) The facts in nutshell would run thus: The respondent herein filed the suits O.S.Nos.274 and 281 of 2004 as against one and the same defendant, who happened to be the revision petitioner herein, for recovery of money. The revision petitioner/defendant entered appearance in both the suits. Subsequently, he remained absent whereupon ex-parte decrees were also passed. Thereafter, I.A.Nos.621 and 622 of 2007 were filed under Order 9 Rule 13 of C.P.C. to get the ex-parte decrees set aside and they were set aside subject to the condition that half of the decreetal amount under each of the decrees shall be deposited by the revision petitioner/defendant.

(3.) Being aggrieved by and dissatisfied with the said orders these revisions have been filed by the defendant on the main ground that the condition imposed by the lower Court was onerous.