BHANWAR SINGH Vs. BHAGWATI LAL BHANDARI

JUDGEMENT

(1.) TO get the ex -parte decree set aside, the defendant preferred a petition under Order IX Rule 13 Code of Civil Procedure. The trial Court by its order dt. 04.12.2006 accepted the petition and set aside the ex -parte decree dt. 02.09.2006 subject to the condition that the defendant shall furnish bank guarantee upto 03.01.2007 for the decreetal amount i.e. of Rs. 84,320/ -.

(2.) THE appellant defendant is aggrieved with the order aforesaid to the extent it imposes condition for furnishing bank guarantee.

(3.) HEARD counsel for the parties and also examined the order impugned.