such cases, and depending upon the facts and circumstances of a particular given case while allowing an application to set-aside the ex parte decree certain conditions would be imposed. Whether such conditions imposed are onerous or justifiable or unjustifiable may have to be decided in the facts and circumstances of a particular case. It is difficult to lay down the guidelines exhaustively, in this regard. At best, certain circumstances may be specified, which, at the best, can be said to be illustrative. Here is a case where this Court already has granted interim stay on condition of deposit of Rs.50,000/- and the said amount has been deposited and the respondent is permitted to withdraw the same without furnishing any security. As far as the imposition of condition of 1/4th of decretal amount and suit costs on or before 19.03.2009 is concerned, this Court is satisfied that taking into consideration the respective pleadings of the parties, this portion of the condition being onerous, the same is liable to be set-aside. Accordingly, the condition of imposition of deposit of 1/4th of decrial amount and suit costs into the Court on or before 19.03.2009 is hereby set aside and it is needless to say that the condition of deposit of Rs.50,000/- has already been complied with and the same is hereby recorded. The point is accordingly answered.
