THE HONOURABLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.2794 of 2009 ORAL ORDER: Heard both sides. 2. This Civil Revision Petition is directed against the order and decree, dated 27.08.2008, passed by the IV Additional Junior Civil Judge, Vijayawada, in I.A.No.127 of 2008 in O.S.No.2067 of 2006, which was filed under Order 9 Rule 13 and Section 151 of the Code of Civil Procedure praying the Court to set aside the ex parte decree, dated 01.08.2006, passed against the petitioner- defendant. 3. By the impugned order, the Court below allowed the said application subject to condition of the defendant depositing half of the suit amount and the suit costs into the Court by 09.09.2008, failing which the application shall stand dismissed. 4. The petitioner is the defendant and the respondent is the plaintiff in the suit. 5. For the sake of convenience, in this order, the parties will be referred to as per their array in the said suit. 6. The grievance of the defendant is that the Court below had erroneously directed him to deposit half of the suit amount and the suit costs, while allowing the application filed under Order 9 Rule 13 C.P.C. 7. It is settled law that, while allowing the application, filed under Order 9 Rule 13 C.P.C., the Courts can impose costs or any other reasonable condition, but the condition so imposed shall not be onerous. Obviously, directing the party to deposit half of the suit amount even before the trial of the suit is commenced is not tenable. 8. For the foregoing reasons, the Civil Revision Petition is liable to be allowed, subject to condition of the defendant depositing a sum of Rs.10,000/-, including suit costs, within a period of two weeks from the date of receipt of a copy of this order. 9. Subject to the above condition, the Civil Revision Petition is allowed to the extent indicated above, at the stage of admission. However, there shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA 20th November 2009 dr