SURENDRA NATH MITTAL Vs. DAYANAND SWARUP

JUDGEMENT

(1.) This is a revision filed under S.25 of the Provincial Small Cause Courts Act by the tenant. The plaintiff-respondent had filed a suit No. 39 of 1979 for arrears of rent and ejectment. This suit was decreed ex parte on 13th Nov., 1979. The revisionist thereafter moved an application for restoration of the suit to its original number. He also made certain deposits as required under the proviso to S.17 of the Provincial Small Cause Courts Act, hereinafter referred to as the Act. The deposit was short and consequently the plaintiff respondents filed an objection to that effect. Thereafter the revisionist made further deposits and also filed an application for condonation of delay in making the said deposits. The Ist Additional District Judge, Bulandshahr by order dt. July 7, 1982 dismissed the restoration application for non-compliance of the provisions of S.17 of the Act within the time prescribed. The application moved by the revisionist for condonation of delay in depositing the amount as required by proviso to S.17 of the Act was also dismissed. It is this order dt. 7th July, 1982 which is the subject-matter of challenge in this revision.

(2.) I have heard the learned counsel for the parties. Learned counsel for the revisionist has contended that the Court below has acted illegally and with material irregularity in the exercise of its jurisdiction in dismissing the application for condonation of delay merely on the ground that each and every day's delay has not been explained in the application. He has further contended that in fact the entire amount as required by proviso to S.17 of the Act has been deposited and consequently the Court below should have condoned the delay in depositing the amount and permitted the revisionist to be heard on merits of the suit.

(3.) So far as the second question is concerned, in my opinion, it is not necessary for me to go into this question as this is the matter which is to be decided by the Court below on merits. The first submission made by the learned counsel for the revisionist in regard to the application far condonation of delay, in my opinion, has substance.