(1.) This is an application in revision against an order made by the Full Court of the Court of Small Causes, Bombay, under Section 38 of the Presidency Small Cause Courts Act, 1882, hereinafter referred to as "the Act".
(2.) The respondent brought a suit against the applicant to recover money in the Small Causes Court, Bombay. In that suit, the applicant appeared and filed certain defences. The suit was ultimately fixed for hearing on 7th September 1970. On that date, when the suit was called out, the respondent was absent and, therefore, the suit was dismissed for default. The respondent subsequently filed an application for setting aside the dismissal of the suit for his default. Rule was issued to the applicant and after hearing the parties, the trial Court discharged the notice, thus refusing to set aside the dismissal of the suit for default of the respondent. The respondent thereupon filed an application under Section 38 of the Act to the Full Court of the Court of Small Causes which set aside the order of the trial Court and restored the suit of the respondent to file. It is this order which is being challenged in this revision application.
(3.) Section 38 of the Act is in these words:--