RAM NIWAS GUPTA Vs. ZIAUDDIN

JUDGEMENT

(1.) The instant petition under Article 227 of the Constitution has been filed challenging an order dated 24.8.2017, whereby the revisional court has admitted the revision filed before it under Section 25 of the Provincial Small Cause Courts Act, 1887 (for short 'the Act').

(2.) In nut-shell the facts of the case are that a suit for eviction of the nature of small causes was filed by the petitioner before the Court of Small Causes. It was registered as SCC Suit No.51 of 2014. The defendant-tenant did not comply with the provisions of Order 15 Rule 5 CPC, consequently, his defence was struck off. The suit was decreed by judgement and order dated 18.4.2017. Aggrieved thereby, the tenant filed revision under Section 25 of the Act, which has been admitted by the impugned order rejecting the contention of the petitioner that without requiring the defendant-tenant to deposit the decreetal amount, the revision could not be admitted.

(3.) Section 25, under which the revision has been filed, does not stipulate any pre-condition for deposit of decreetal amount for entertaining the revision. The court, in appropriate case, as a condition for grant of stay against eviction, may direct a tenant to deposit decreetal amount or such other amount as it may consider proper. However, it cannot be made a pre-condition for admitting the revision.