HAJIJIWAKHAN Vs. GULABCHAND HARAKCHAND

JUDGEMENT

(1.) THIS is an application by the plaintiff in a small cause suit from the order of the Small Cause Court. Indore setting aside an ex parte decree granted in his favour on an application by the defendant under Section 17 of the Provincial Small Cause Courts Act. It is urged that the order is not in accordance with law, on the following grounds (i) that the cause shown by the defendant should not have been considered sufficient; (ii) that security was accepted in lieu of cash deposit without a direction to that effect on a prior application, thus contravening the condition in the proviso to Section 17, (iii) that the security bond which purports to create a charge on the immovable property of the surety is invalid for want of registration.

(2.) GROUND No. (i):-- The defendant comes from a distance and he alleges that owing to an unforeseen accident, the bus that brought him to Indore, was late; having arrived sometime after the case was called out and disposed of ex parte against him, he filed an application in the Court for leave to give security for the purpose of getting the ex parte decree set aside. This cause has been accepted as sufficient by the Small Cause Court. This is purely a factual matter and cannot be agitated in a revision application. I also note that this ground has not been taken in the revision application.

(3.) GROUND No. (ii):--