THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.1094 of 2011 Dated:24.06.2011 Between: Balasa Narasa Rao. …Petitioner and Gonebilli Suribabu. …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.1094 of 2011 ORDER: The petitioner is judgment debtor who suffered a decree in O.S.No.763 of 2006 on the file of the Court of the I Additional District Judge, Rajahmundry. The E.P was ordered directing the arrest of the judgment debtor. As it is an ex parte order the petitioner moved an application to set aside the ex parte order. By impugned order dated 17.03.2011 the Court below allowed the application setting aside the ex parte order on condition of the petitioner depositing half of the decretal amount on or before 31.03.2011. This is assailed in this Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC). Counsel for the petitioner submits that when the Court below passed an ex parte order which has been set aside, there cannot be a condition for deposit of the half of the decretal amount. Alternatively, he submits that the condition imposed is onerous. This Court after having given consideration is not able to countenance the submission of the Counsel for the petitioner. Order IX Rule 7 of CPC which empowers the Court to set aside the ex parte order is always competent to direct the deposit of costs or otherwise. Even under Order IX Rule 13 of CPC while setting aside the ex parte decree it is always open to the Court to impose terms as to costs payment to the Court or otherwise if it is proper. There is no dispute that the Court below passed ex parte orders on 18.11.2010, and only when the E.P was moved and an order for arrest was made, the petitioner filed an application. Having regard to the conduct of the petitioner the Court below was justified imposing such condition. This Court does not find any grave error apparent on the face of the record. The Civil Revision Petition is, therefore, dismissed. _______________ (V.V.S.RAO, J) 24.06.2011 vs