MAHENDRA KUMAR SHARMA Vs. MAHAMAYEE SHIKSHA SAMITI

JUDGEMENT

(1.) Heard Sri Rajvanshi, learned Counsel for the petitioner. The suit of the respondent landlord for arrears of rent and eviction was decreed ex parte on 22.4.2011 against the petitioner. Petitioner applied for setting aside the said ex parte decree under Order IX, Rule 13, C.P.C. on 19.5.2011. The said application has been rejected on the ground of non-compliance of section 17 of Provincial Small Causes Court Act, 1887 (hereinafter referred to as the Act) and the order has been upheld by the Revisional Court.

(2.) The submission of Sri Rajvanshi, learned Counsel for the petitioner is that the certified copy of the decree was prepared on 1st July, 2011 and the amount decreed was deposited on 8th July, 2011. Therefore, the decreed amount having been deposited the application could not have been rejected.

(3.) The preparation of the decree and the deposit of the amount thereafter is of no consequence inasmuch under section 17 of the Act the deposit of the decretal amount has to be made at the time of the filing of the application.