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2002 (3) TMI 933 - SUPREME COURT OF INDIA

2002 (3) TMI 933 - SUPREME COURT OF INDIA - 2002 AIR 1151, 2002 (3) SCC 159, 2002 (2) JT 387, 2002 (2) SCALE 376 - Appeal (Civil) 1778 of 2002 - Dated:- 1-3-2002 - Sam Piroj Bharucha (CJI), Shivaraj V. Patil And Bisheshwar Prasad Singh JUDGMENT Shivaraj V. Patil, J. Leave granted. This appeal is by the defendants in the suit filed for recovery of ₹ 3,84,455.44 with future interest @ 24% per annum from the date of filing of the suit till realization of the amount. Suit summons were not pers .....

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us Appeal before the High Court. The High Court allowed the Miscellaneous Appeal and set aside the ex-parte decree subject to the terms (i) the defendants shall, within a period of two months, deposit a sum of ₹ 2,00,000/- with the trial court, (ii) shall furnish bank guarantee for the remaining sum claimed in the suit within the said period of two months and (iii) the amount so deposited shall be liable to be disbursed in accordance with the final order that may be passed in the suit. It .....

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lthough ex parte decree was passed against the appellants, once it is set aside on the ground of non-service of suit summons the money decree did not exist for execution. It is no doubt true that in restoring a case the court may impose conditions to deposit costs or the decretal amount or some portion thereof or to ask the defendant to give security but such conditions should be reasonable and not harshly excessive. In the impugned order the appellants are put on terms to deposit a sum of ͅ .....

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