MUKESH SALUJA Vs. JASBIR SINGH

JUDGEMENT

(1.) Heard learned counsel for the revisionist.

(2.) The present revision has been filed challenging an order dated 05.01.2017 passed by the Additional District Judge, Court No. 4, Saharanpur, In Misc. Case No. 17/16 arising out of SCC Suit No. 5 of 2016.

(3.) A perusal of the record would go to show that SCC Suit No. 05 of 2016 was instituted by the plaintiff landlord/ respondent against the revisionist for arrears of rent and eviction, inter alia, claiming that the accommodation in dispute was not covered by UP Act No. 13 of 1972 as the agreed rent between the parties was Rs. 7,800 per month. The suit was decreed ex-parte and to set aside the ex-parte decree an application was filed by the defendant-revisionist under Order 9, Rule 13 CPC along with application, under proviso to Section 17(1) of the Provincial Small Cause Courts Act, for enabling him to furnish security in respect of the decretal amount instead of deposit of the decretal amount. By the order impugned the aforesaid application has been disposed of thereby giving 10 days time to the applicant to deposit a bank guarantee in respect of the decretal amount.