HON’BLE SRI JUSTICE B PRAKASH RAO C R P NO. 2516 OF 2009 ORDER: The petitioner is the defendant aggrieved against the order imposing costs of Rs.70,000/- while allowing an application purported to have been filed under Order 9 Rule 13 of the Code of Civil Procedure seeking to set aside the ex-parte decree, which has been passed on 27.10.2007 against the petitioner. In a suit for recovery of money on the foot of promissory note and the same is being contested and during the course of trial as the petitioner was not present an ex-parte order was passed, therefore, the present application has been filed. The Court below took into account the reasons given and allowed the application, but however, on condition of deposit of Rs.70,000/- which has been assailed in this revision. Having heard the learned counsel and on perusal of the material on record, it is seen that in the facts and circumstances it would be suffice to restrict the costs to a sum of Rs.5,000/- in stead of Rs.70,000/- as imposed by the Court below for allowing such an application. Accordingly, the revision is allowed. The costs imposed by the Court below is restricted to Rs.5000/- (rupees five thousand only). The petitioner to deposit costs of Rs.5000/- before the Court below, and on such deposit, the respondent is permitted to withdraw the same without furnishing any security. No costs. _______________ B .PRAKASH RAO,J DATE: 13TH NOVEMBER, 2009 GRK