R GOPAL Vs. C MOORTHY

JUDGEMENT

(1.) Animadverting upon the order dated 08.03.2010 passed in I.A.No.207 of 2009 in O.S.No.362 of 2005 by the learned I Additional Subordinate Judge, Erode, this civil revision petition is focussed.

(2.) Heard both sides.

(3.) The epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of this revision would run thus: The respondent herein filed the suit for recovery of money based on a promissory note. During trial it so happened that there was default on the part of the defendant, which resulted in passing of the ex parte decree. Subsequently, E.P. was filed by the decree holder. On receipt of E.P. notice, the revision petitioner herein filed the application under Section 5 of the Limitation Act to get the delay of 89 days condoned in filing the application to get the ex parte decree set aside under Order 9 Rule 13 of CPC. After hearing both sides, the lower Court allowed the said application imposing condition to the effect that the defendant should deposit a sum of Rs.50,000/- in Court. Being aggrieved by and dissatisfied with the onerous condition imposed by the lower Court, this revision is focussed on various grounds.