T.Suresh v. Thirumuru Prameelamma,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No.3688 of 2017 ORDER:

The Order dated 10.07.2017 passed by the learned Senior Civil Judge, Gudur in I.A.No.671 of 2016 in O.S.No.152 of 2015, filed under Order IX Rule 13 of C.P.C. seeking to set aside the ex parte decree dated 15.07.2016, is challenged before this Court. 2) The Court below while ordering set aside of the ex parte decree, which was made on 15.07.2016, imposed a condition of depositing of the suit amount before the Court on or before 24.07.2017 with a further condition, failing to do so would result in dismissal of the I.A.No.671 of 2016.

3) Heard the learned counsel for the petitioner. 4) It is a case where no notice is required to be issued to the respondent on account of the fact that the order made by the learned Senior Civil Judge, Gudur, is totally against the law laid down by the Supreme Court and this court held in a large number of cases that while setting aside the ex parte decree the onerous condition shall not be imposed. It may be noted that the suit is of the year 2015 and ex parte order came to be passed on 15.07.2016. The fact that the Court below found that there was justifiable reason to set aside the ex parte decree established that there were merits in the application made by the petitioner. Though it is permissible to impose costs, such costs cannot be a direction to deposit the suit claim amount. This issue is no longer res integra as it is settled in GMG Engineering Industries and

Others v ISS Green Power Solution and Others1 and Gurram Anjeswar v. S. Nagalaxmi2 apart from many other judgments. 5) Accordingly, the Civil Revision Petition is allowed setting aside the impugned order and the costs are modified as 'on payment of costs of Rs.10,000/- to be payable to the respondents' within 10 days from the date of receipt of this order. 6) Consequently, miscellaneous petition pending, if any, shall stand closed. There shall be no order as to costs. _____________________________ CHALLA KODANDA RAM, J.

Date:04.08.2017 Ssv 1 2015 (5) ALD 32 (SC) 2 2016 (6) ALD 203