CHERIYA AMMA Vs. NARAYANAN NAIR

JUDGEMENT

(1.) This petition is by the two defendants in a Small Cause Suit against an order dismissing their application under O.9 R.13 CPC. The decree is dated May 29, 1961; and the application was made on June 15, 1961, averring that they have not been served with any notice or summons in the suit, and came to know of the decree only on June 13, 1961. The court ordered on June 21 "Deposit the decree amount by 10/7"; and the entire decree amount was deposited on July 7, 1961. The application was, however, dismissed on August 30, 1961 as not been accompanied by the deposit at presentation. Hence this revision petition.

(2.) The proviso to S.14 of the Kerala Small Cause Courts Act, 8 of 1957, enacts:

(3.) In Assan Mohammed Sahib v, Rahim Sahib (ILR 43 Mad. 579 F. B.) the question was whether the directions in the Provincial Small Cause Courts Act as to the deposit of the decree amount or the giving of security at the time of presenting an application to set aside an ex parte decree are mandatory or not. Wallis C. J., with whom Oldfield J. agreed, observed therein: