(1.) THE defendants are the revision petitioners and the revision is filed under Article 227 of the Constitution of India to set aside the order passed in I. A. No. 399 of 2005 in O. S. No. 41 of 2005 dated 13. 04. 2006 on the file of Sub-Court, Arni, Tiruvannamalai District.
(2.) THE suit filed by the respondents for recovery of an amount of Rs. 2,60,000/- due under promissory note. The defendants who are the revision petitioners have filed the written statement denying the execution, apart from denying due consideration for the promissory note. The defendants were set exparte and an exparte decree was passed on 07. 11. 2005. The defendants filed I. A. No. 41 of 2005 under Order 9 Rule 13 Code of Civil Procedure to set aside the exparte decree and the same was filed within 30 days from the date of the exparte decree.
(3.) THE learned Trial Judge having found that the application to set aside exparte decree has been filed within the period of limitation, namely, 30 days and also having accepted the reason given by the defendants in the I. A. that the defendants who are the petitioners in the I. A. that the defendants was affected by jaundice and in that circumstance to give one more opportunity to the defendants, the said petition was allowed, however, on condition that the defendants shall deposit an amount of Rs. 50,000/- in the court on or before 24. 04. 2006. It is as against the order of the Trial Court in imposing the condition for deposit of Rs. 50,000/- for allowing a petition to set aside the exparte decree, the defendants have filed the present revision.