RANJITSINGH S/O DADUSINGH Vs. NARAYAN DHONDBAJI DESHMUKH

JUDGEMENT

(1.) Heard Shri S.S.Sitani, learned counsel for the applicant. None for respondent though appears to be served. In fact, matter was adjourned for today with a view to give an opportunity to respondent to defend the application on merits, inspite of that none present for respondent.

(2.) This Civil Revision Application is directed against the judgment and order dated 13th April, 2017 passed on application, Exh.8 in M.J.C.No.106 of 2016 by the learned Small Causes Court Nagpur, whereby application moved by applicant for non- compliance of Section 17(1) of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as "Act of 1887") in the proceedings initiated by non-applicant under Order 9, Rule 13 of the Code of Civil Procedure for setting aside ex parte decree, came to be rejected. It is thus specific case of applicant that he had filed a suit for eviction from residential house vide Reg.Civil Suit No.113 of 2016 which came to be decreed and had initiated execution proceedings against the non-applicant who filed application under Order 9, Rule 13 of C.P.C., for setting aside ex parte judgment and decree by filing M.J.C.No.106 of 2016. In the said M.J.C. applicant herein filed an application, Exh.8 praying for dismissal of proceedings contending that same is taken out without compliance of Section 17(1) of the Act of 1887, which is stated to be mandatory in nature. However, the learned trial Court rejected the application. Hence, this appeal.

(3.) Learned counsel for the applicant in support of present application has relied upon judgment in the case of Kedarnath ..vs.. Mohan Lal Kesarwari and ors . reported in (2002) 2 SCC