MAHENDRA PAL SINGHAL Vs. DISTRICT JUDGE KANPUR NAGAR

JUDGEMENT

(1.) THE petitioner-defendant filed SCC Suit No. 83 of 1999 which was decreed ex parte on 6th August, 2007. Feeling aggrieved, defendant had filed a Revision under section 25 of the Provincial Small Causes Courts act, 1887 (hereinafter referred to as the Act ). The Revision has been dismissed by the Judgment and order dated 10th March, 2008 solely on the ground that the provisions of section 17 (1) of the Act which, are mandatory in nature, have not been complied with.

(2.) SRI H. N. Singh learned Counsel for the petitioner states that the provisions of section 17 (1) of the Act are not applicable to the present case because the defendant had not filed any application in the SCC Suit for setting aside the ex parte decree and neither he had filed any application for review of the judgment. In fact, a Revision was filed under section 25 of the Act to which the provisions of section 17 (1) of the Act do not apply.

(3.) LEARNED Counsel for the contesting respondent justified the order passed by Incharge, District Judge and submitted that the provisions of section 17 of the Act would also apply to a revision filed under section 25 of the Act.