LAWS(ALL)-2019-5-237

MOHIT Vs. SALONI LAL

Decided On May 29, 2019
MOHIT Appellant
V/S
Saloni Lal Respondents

JUDGEMENT

(1.) Heard Sri Vikram Suryavanshi, Advocate holding brief of Sri Vinay Kumar Singh Chandel, learned counsel for the revisionist.

(2.) The present revision has been filed against the judgment dated 25.04.2019 passed by the Special Judge (POCSO Act)/Additional District & Sessions Judge, Court No.8, Ghaziabad rejecting application (Application No.4ga) filed under Order IX Rule 13 C.P.C. for recall of the ex parte order dated 22.08.2017 in SCC Suit No.08 of 2017 (Saloni Lal Vs. Mohit).

(3.) The undisputed facts of the case are that the application under Order IX Rule 13 C.P.C. was filed on 21.09.2017 seeking recall of the ex parte order dated 22.08.2017, and it was only on 19.03.2019 that an application bearing Application No.22 Ga was filed before the Court of Additional District Judge, Court No.9, Ghaziabad seeking permission to deposit the decretal amount. The court below referring to the provisions contained under Sec. 17 of the Provincial Small Cause Courts Act, 1887 and the legal proposition with regard to mandatory nature of the said provision has rejected the application on the ground that the application seeking to deposit the decretal amount under Sec. 17 was beyond the prescribed time period.