Govind Mathur, J. - (1.) TO get the ex -parte decree set aside, the defendant preferred a petition under Order IX Rule 13 Code of Civil Procedure. The trial Court by its order dt. 04.12.2006 accepted the petition and set aside the ex -parte decree dt. 02.09.2006 subject to the condition that the defendant shall furnish bank guarantee upto 03.01.2007 for the decreetal amount i.e. of Rs. 84,320/ -.
(2.) THE appellant defendant is aggrieved with the order aforesaid to the extent it imposes condition for furnishing bank guarantee. To challenge the term settled for setting aside the ex -parte decree the two limbs of the argument advanced by counsel for the appellant are: (1) no term could have been settled by the Court while accepting an application preferred under Order IX Rule 13 Code of Civil Procedure; and (2) even if the Court was possessing power to impose any terms while setting aside ex -parte decree, then too the terms imposed should be reasonable, whereas in the present case that is quite onerous.
(3.) HEARD counsel for the parties and also examined the order impugned.;