LAWS(MAD)-2013-1-289

PARTHASARATHY Vs. T. THANGADURAI

Decided On January 29, 2013
PARTHASARATHY Appellant
V/S
T. Thangadurai Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to get set aside the order dated 16.08.2011, passed in C.M.A.No.8 of 2011, by the learned Principal District Judge, Thanjavur, in confirming the fair and decreetal order passed in I.A.No.73 of 2010 in O.S.No.70 of 2006 dated 26.07.2010, in imposing on the petitioner to deposit Rs.50,000/- as a condition precedent to set aside the exparte decree.

(2.) HEARD both sides.

(3.) THE learned Counsel for the revision petitioner would echoing the cri de coeur and heart burns of his client, implore and entreat that while setting aside the exparte decree, the Courts are not expected to impose onerous condition and that too, to deposit a part of the suit amount. In this connection, he would cite the decision of this Court in C.Seerangan Vs. M.Subramaniam reported in 2010-4-L.W.119. Certain excerpts from it, would run thus: