THE HON'BLE MR JUSTICE V ESWARAIAH C.R.P. NO. 4991 OF 2011 DT.16.12. 2011 Between: Gudibandi Venkata Reddy … Petitioner And Kodali Vithal Babu … Respondent Counsel for the Petitioner:Sri G Peddababu Counsel for respondents The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH C.R.P. NO. 4991 OF 2011 ORDER:-- This revision is filed questioning the order dated 14.10.2011 in I.A. No. 1159 of 2011 in O.S.No. 43 of 2011 imposing the condition of depositing Rs.6,50,000/- while allowing the application filed under Order 9 Rule 13 of CPC to set aside the exparte decree dt 30.4.2011. The revision petitioner is defendant. The respondent herein filed a suit in O.S. No. 43 of 2011 for recovery of Rs.25,52,620/- based on a promissory note dated 22.12.1997 for Rs.3,75,000/- stated to have been executed by the petitioner herein. The petitioner disputes execution of the subject promissory note and states that he is 67 years old and bed ridden due to multiple fractures when the suit notices were served and sent vakalat and instructions to his counsel which could not reach his counsel because of the fault of the junior clerk and he was set exparte by order dated 30.4.2011. Thereafter the petitioner filed an application to set aside the exparte decree in I.A. No. 1159 of 2011 and the Court below allowed the said application imposing a condition to deposit an amount of Rs.6,50,000/-. The petitioner filed the present revision contending that the condition imposed by the Court below is unjust inasmuch as it has ordered to deposit Rs.6,50,000/- which is almost double the principal amount of the alleged promissory note. Heard the learned counsel for petitioner and though notice was served none appeared for the respondent. It is seen from the order under revision that the Court below imposed an onerous condition to deposit Rs.6,50,000/- on the sole ground that the suit is for payment of huge sum of Rs.25,52,620.00. The Court below ought not to have imposed such a condition, particularly when the petitioner-defendant is disputing the execution of the subject promissory note. This Court while issuing notice to the respondent has granted interim stay subject to condition of the petitioner depositing suit costs within six weeks and it is submitted by the learned counsel for the petitioner that the said order has been complied with. Having regard to the facts and circumstances of the case, the condition of deposit of Rs.6,50,000/- imposed vide order under revision dated 14.10.2011 is hereby set aside and I.A. No. 1159 of 2011 stands allowed on deposit of suit costs alone. Subject to above direction, the revision petition is allowed. No costs. _____________ V ESWARAIAH,J DATE:16.12.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH C.R.P. NO. 4991 OF 2011 DT.16.12. 2011