KHUSIHAL VERMA Vs. OM PRAKASH SINGHANIA

JUDGEMENT

(1.) I have heard counsel for the parties and perused the record. This petition has been filed praying for the following reliefs:

(2.) THE facts culled out of the record are that the petitioner is the tenant of one khapraildar room of House No. 84/59, Sharab Mill Ka Ahata, J. K. Cotton Mill, Gate No. 2 AnwarganJ, Kanpur and the respondent is the landlord of the said aforesaid premises. The respondent filed J.S.C.C. Suit No. 137 of 1988 against the petitioner for ejectment on the ground of arrears of rent and damages which was decreed ex parte by the Judge Small Causes Court, Kanpur Nagar on 31.3.1989. When the petitioner came to know about the ex parte decree having been passed against him he moved an application and affidavit under Order IX, Rule 13, C.P.C. on 23.3.2002 and 26.3.2002 for setting aside ex parte decree. The application aforesaid was registered as Misc. Case No. 21/74 of 2002. The petitioner deposited Rs. 12,500 through tender (13Ga) and the respondent also filed his objection on the same date and inter alia that the application filed by the petitioner under Order IX, Rule 13 be set aside on the ground that he has not made the compliance of Section 17 of the Provincial Small Causes Courts Act, 1887 (hereinafter referred as P.S.C.C. Act, 1887) which is mandatory regarding the Judgment debtor to furnish security for due compliance of the decree sought to be set aside.

(3.) IT is also urged that aggrieved by the aforesaid order dated 23.3.2005, passed by J.S.C.C, Kanpur Nagar, the petitioner filed S.C.C. Revision No. 56 of 2005 before the District Judge, Kanpur Nagar, on the ground that the court below illegally held that the provisions of Section 17 of the Act has not been complied by the petitioner which was also dismissed by the revisional court on inadequate grounds by its order dated 25.4.2006, ignoring the arguments of the petitioner.