Reasonable conditions for setting aside an ex parte decree may include security, but they must not be oppressive.

Order IX Rule 13 CPC gives SC discretion to set aside an ex parte decree on terms as to costs, payment into court or otherwise, and the phrase "payment into court" is broad enough to cover deposit of decretal money or furnishing of security in appropriate cases. That discretion must be exercised judicially, and any condition imposed must be reasonable, non-oppressive, and not so onerous as to deny a meaningful opportunity to defend. The amount and nature of security depend on the facts of each case. A condition requiring security for the entire decretal amount was held excessive and was modified.

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Issues: Whether, while setting aside an ex parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908, the court can impose a condition directing deposit of money or furnishing of security, and whether the condition imposed must be reasonable and non-oppressive.

Analysis: Order IX Rule 13 confers a discretionary power to set aside an ex parte decree on terms as to costs, payment into court or otherwise as the court thinks fit. The expression "payment into court" is wide enough to include a direction for deposit of decretal money or furnishing of security in appropriate cases. The power is not excluded merely because the order is passed under Order IX Rule 13. At the same time, the discretion must be exercised judicially and the terms imposed cannot be unreasonable, harsh, oppressive, or so onerous as to effectively deprive the defendant of a meaningful opportunity to defend the suit. The amount and nature of security must depend on the facts of each case.

Conclusion: The court has jurisdiction to impose a security or deposit condition while setting aside an ex parte decree, but the condition must be reasonable; the condition requiring security for the entire decretal amount was excessive and was modified.

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