BIPTI Vs. KALI DIN

JUDGEMENT

(1.) This is an application against an order of the Judge, Small Cause Court, Allahabad, rejecting an application for the setting aside of an ex parte decree,

(2.) An ex parte decree was passed against the applicant on 20-1-1949. On 4-2-1949 the applicant made an application in which the prayer was as follows: "It is, therefore, prayed that the Court be pleased, after directing the applicant if it approves of the security bond regarding its sufficiency or otherwise, to restore the case to its original number so that the defendant may contest the claim which is entirely incorrect."

(3.) Along with the application the draft of a security bond was filed. On the same date the Court passed the following order: "Allowed to file security. Ask for plaintiff's objection if any." Accordingly, on 19-2-1949, the applicant filed a security bond in terms of the draft submitted by him. Notice was then issued upon the application for the setting aside of the ex parte decree to the plaintiff. When the plaintiff appeared he objected to the security bond as also to the application for the setting aside of the ex parte decree on the ground that permission to furnish security in respect of the decretal amount had not been obtained prior to the making of the application for the setting aside of the ex parte decree, and the security bond also had not been filed along with the application for the setting aside of the ex parte decree, as required by Section 17, Provincial Small Cause Courts Act. The lower Court gave effect to the plaintiff's objection and dismissed the application on the sole ground that it was not maintainable. Against this order the applicant has come up in revision to this Court.