ZARNINAGAR Z ADAM Vs. D KAMALAKAR REDDY

JUDGEMENT

(1.) This Civil Revision Petition is filed against Order, dated 09-03-2012, in IA. No. 372 of 2010 in OS. No. 81 of 2009, on the file of the Court of the learned Principal Senior Civil Judge, Tirupathi. The petitioner is the defendant in the above-mentioned suit filed by the respondent for recovery of money. The said suit was decreed ex parte on 08-12-2009. The petitioner filed IA. No. 372 of 2010 under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short 'CPC') for setting aside the ex parte decree. The said application was allowed by the lower Court subject to the condition that the petitioner shall deposit half of the decretal amount on or before 09-04-2012. Assailing this order, the petitioner filed the present Civil Revision Petition.

(2.) I have heard Mr. O. Udaya Kumar, learned Counsel for the petitioner, and perused the record.

(3.) A perusal of the order of the lower Court would show that the Counsel for the petitioner has submitted before the lower Court that his client is willing to deposit half of the decretal amount subject to the result of the suit. The lower Court has, accordingly, stipulated the condition of payment of half of the decretal amount.