S BALACHANDAR Vs. N PALANISAMY

JUDGEMENT

(1.) THIS revision has been preferred against the exparte order passed by the trial Court in O. S. No. 232 of 2004 dated 26. 4. 2005 on the file of the Principal District Court, Nammakkal. The trial Court has imposed Rs. 10,000/- towards cost in I. A. No. 270 of 2005, for setting aside an Exparte order, which has been challenged in this revision.

(2.) THE learned counsel appearing for the revision petitioner/defendant in O. S. No. 232 of 2004 would vehemently contend that the cost imposed by the trial Court is exorbitant. But, the learned counsel appearing for the respondent would contend that the suit O. S. No. 232 of 2004 was filed for recovery of a sum of Rs. 14,00,000/- from the defendant under 14 promissory notes and that the interest due as on date comes to Rs. 17,78,000/ -. The learned counsel for the revision petitioner is not prepared to deposit even half of the suit amount.

(3.) UNDER such circumstances, it cannot be said that the cost imposed by the trial Court for setting aside the exparte decree is unreasonable and exorbitant.