SHARDA DEVI Vs. CHAMELA DEVI

JUDGEMENT

(1.) The order dated 4th September, 1999 passed in Misc. Case No. 19 of 1995 arising out of Motor Accident Claims Petition No. 34 of 1992 has since been challenged. By the said order an application filed by the defendant-petitioner for recalling the ex-parte decree dated 27th April, 1994 passed in MAC.P. No 34 of 1992 has since been allowed on condition that the defendant petitioner shall deposit a sum of Rs.50,000/- in the learned Trial Court within one month and shall furnish security for the balance within the same period.

(2.) Mr. Devendra Dahma, learned counsel for the revisionist contends that though the Court has discretion to direct deposit of the decretal amount in an appropriate case but the Court is bound to exercise jurisdiction judicially and give reasons to support such exercise of discretion. He relied on the decision in the case of Valluru Kasturi Bai and another v. Pamulapati Varalakshmi and Raj Kumar Soni v. Mohan Meakin Breweries Ltd.'.

(3.) I have heard Mr. Devendra Dahma. learned counsel for the revisionist at length.