THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY C.R.P.No.2168 OF 2009 ORDER: This civil revision petition is filed against the order of the learned II Additional District Judge, Ranga Reddy District, in I.A.No.256 of 2008 in O.S.112 of 2004, wherein the Court imposed a condition to deposit 1/4th of the decretal amount along with costs for setting aside the ex parte decree. 2. Heard both sides. 3. Learned counsel for the petitioners strenuously contended that the Court cannot impose such condition to set aside the ex parte decree and he relied on a decision of the Honourable Supreme Court in TEA AUCTION LTD. v. GRACE HILL TEA INDUSTRY AND ANOTHER,[1] wherein the Supreme Court held as under: “A discretionary jurisdiction has been conferred upon the Court passing an order for setting aside an ex parte decree not only on the basis that the defendant had been able to prove sufficient cause for his non- appearance even on the date when the decree was passed, but also other attending facts and circumstances. It may also consider the question as to whether the defendant should be put on terms. The Court, indisputably, however, is not denuded of its power to put the defendants to terms. It is, however, trite that such terms should not be unreasonable or harshly excessive. Once unreasonable or harsh conditions are imposed, the appellate Court would have power to interfere therewith.” 4. Thus the Honourable Supreme Court never held that conditions for setting aside the ex parte decree cannot be imposed at all. What all observed is that conditions should be reasonable and not harshly excessive, in the above decision where the claim amount was about Rs.37.00 lakhs, the condition imposed by the first court was for depositing the entire amount to set aside the ex parte decree, which was confirmed by the High Court, the Hon’ble Supreme Court reduced it to Rs.5.00 lakhs. 5. Considering all the circumstances, it is directed that instead of 1/4th of the decretal amount, the petitioner shall deposit 1/6th of the decretal amount within a period of four weeks from today. On such deposit, the ex parte decree shall stand set aside and in default, the restoration petition filed in I.A.No.256 of 2008 in O.S.No.112 of 2004 on the file of the II Additional District Judge, Ranga Reddy District at L.B.Nagar, shall stand dismissed. 6. With the above directions, the Civil Revision Petition is disposed of. ___________________ P. SWAROOP REDDY, J. 13th August 2009 Rns [1] AIR 2007 SUPREME COURT 67