N PALANISAMY Vs. C RATHINASAMI

JUDGEMENT

(1.) THIS appeal is directed against the order directing the appellant to deposit one of the decree amount in the Court as a condition for setting aside the ex parte decree. Court gave time to the appellant till 5.8.1991 and adjourned the matter to 6.8.1991 further orders. The appellant has preferred this appeal against the order imposing condition on the ground that it is an onerous condition.

(2.) THE appeal has to be dismissed on two grounds. First, the appeal itself is not maintainable and secondly there is no merit. THE order that is challenged in this appeal is not one which will fall under O.43, Rule 1(d). Under the said rule, an order under Rule 13 of O.9 rejecting an application for an order to set aside a decree passed ex parte is the order which appealable. In this case, there is no order rejecting the application. THE order is imposing a condition on the appellant for the purpose of setting aside the ex parte passed against him. THE matter has been adjourned. Unless there is an order rejecting application, no appeal will lie.