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TMI Blog2015 (5) TMI 1107X X X X Extracts X X X X X X X X Extracts X X X X ..... confirming the order dated 4.12.2012 passed by the Principal District Judge, Thanjavur, imposing conditions to deposit Rs. 1,50,00,000/- and Rs. 10,00,000/-, as a condition to condone the delay in filing the applications to set aside the ex-parte decrees passed in O.S.No.3 of 2011 and O.S. No.6 of 2011. 3. Appellants and respondents entered into an agreement of sale on 1.08.2008, under which the respondents agreed to purchase the property of the appellants being the factory premise for a sum of Rs. 5,00,00,000/- and the respondents paid Rs. 1,50,00,000/- towards part of sale consideration. The sale transaction could not be completed. The respondents issued legal notice dated 24.11.2010 calling upon the appellants either to execute the sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w about the ex-parte decrees only on 13.07.2012, when they saw a public notice in the daily newspaper regarding the attachment of the suit property. The Principal District Judge, Thanjavur vide separate order dated 4.12.12 condoned the delay of 355 days and 382 days in filing the applications under Order IX Rule 13 CPC for setting aside the ex-parte decree and allowed the applications in IA No.77 of 2012 and I.A. No.78 of 2012 but subject to condition that the appellants should deposit Rs. 1,50,00,000/- and Rs. 10,00,000/- respectively in the court on or before 3.01.2013, failing which the applications will automatically stand dismissed. Being aggrieved by the stringent condition, the appellants filed revision petitions before the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of limitation and waited for more than a year. It was submitted that the respondents are more than seventy years old and had borrowed sum of Rs. 1,50,00,000/- and Rs. 10,00,000/- from the bank and paid the said amount to the appellants under the agreements for sale and the appellants are paying interest on that amount to the bank. It was contended that even though the appellants sold away their property, they did not choose to refund the sum paid towards part of sale consideration and if the suits are decreed, the appellants have no assets to execute the decrees and the rights of both the parties should be balanced and therefore the impugned order does not warrant interference by this Court under Article 136 of the Constitution. 8. It is w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unreasonable or harsh conditions are imposed, the appellate court would have power to interfere therewith....." 10. In Vijay Kumar Madan and Ors. vs. R.N. Gupta Technical Education Society and Ors., (2002) 5 SCC 30, this Court has held as under: "8. Costs should be so assessed as would reasonably compensate the plaintiff for the loss of time and inconvenience caused by relegating back the proceedings to an earlier stage. The terms which the court may direct may take care of the time or mode of proceedings required to be taken pursuant to the order under Rule 7. .......the court cannot exercise its power to put the defendant-applicant on such terms as may have the effect of prejudging the controversy involved in the suit and virtually dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,00,000/- before the trial court, notice shall be issued to the respondents. In compliance with the order dated 1.08.2013, the appellants have deposited Rs. 50,00,000/- before the trial court. Since the appellants have satisfactorily explained the reasons for the delay and with a view to provide an opportunity to the appellants to contest the suit, the impugned order is liable to be set aside. 12. The order dated 16.04.2013 of the High Court passed in C.R.P. (NPD) (MD) No.4/2013 and C.R.P. (NPD) (MD) No.5/2013, is set aside and these appeals are allowed. Delay in filing the applications to set aside the ex- parte decrees is condoned and the ex-parte decrees passed in O.S. No.3 of 2011 and O.S. No.6 of 2011 are set aside and the suits are o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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