AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 177 wordsGovinda Menon, J.—This is an application by a defendant in whose favour an ''ex parte'' decree has been set aside on condition that the
costs of the suit are deposited before 1-10-1951. Mr. T. S. Narasinga Rao argues that condition imposed is too onerous especially in view of the
finding of the learned Judge that the defendant had sufficient grounds for not appearing on the date on which the suit was disposed of. Even so O.
9 , Rule 13 gives ample discretion to the Court in setting aside an ''ex parte'' decree to impose such reasonable terms as the Court deems fit. I
cannot say that the direction to deposit the costs of the suit is unreasonable or punitive. The civil revision petition is therefore dismissed with costs.
As a matter of grace the time granted to the petitioner to deposit the costs is extended till 15-11-1952. If that is done the ''ex parte'' decree will
be set aside and the suit tried on the merits. In default the ''ex parte'' decree will stand confirmed.