E SESHAGIRI RAO Vs. E LAXMI TULASI

JUDGEMENT

(1.) This revision petition is directed against an order dated 19-2-2001 passed by the Judge, Family Court, Hyderabad in I.A. No.2044 of 1999 in OS No.118 of 1998 whereby and whereunder the following direction was given. Heard the petition is allowed subject to the conditions that the petitioner/defendant has to pay all the arrears at Rs.1,500/- per month as per the ex parte decree and to pay maintenance till disposal of the suit at that rate and subject to the condition of filing of the written statement time extended for filing written statement and to pay all arrears by dated 30-4-2001 failing which the petition stands be dismissed on 30-4-2001, for non-compliance. Facts :

(2.) An ex parte decree was passed against the petitioner. He filed an application to set aside the order purported to be under Order 9, Rule 13 of the Code of Civil Procedure whereupon the aforementioned impugned order has been passed. The learned Counsel appearing on behalf of the petitioner would contend that the condition imposed is onerous and unknown to law. The learned Counsel appearing on behalf of the respondent, on the other hand, would submit that having regard to the facts and circumstances of this case the condition imposed cannot be said to be onerous. Findings :

(3.) Order 9, Rule 13 of the Code reads thus : ...., the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.