BRINDRABANPRASAD AMBIKAPRASAD AHWASI Vs. DASHRATH RAMRATAN

JUDGEMENT

(1.) THIS is an application for revision under Section 25 of the Provincial Small Cause courts Act, 1887 (Hereinafter called 'the Act') filed by the plaintiff-applicant (decree-holder ).

(2.) THE circumstances giving rise to this application for revision are as follows : the plaintiff-decree-holder, on 25-4-1963, obtained an ex parte decree against the defendant-judgment-debtor in the Court of the Small Causes at Jabalpur. The defendant-judgment-debtor, on 26-4-1963, filed two applications--one, for selling aside the ex parte decree under Order 9, rule 13 of the Code of Civil Procedure and the other, presumably under Section 17 of the Act, praying that he be permitted to give such security for the performance of the decree as the Court may please in lieu of depositing the decretal amount in Court. No orders were passed on the application for giving security in lieu of depositing the decretal amount in court till 10-9-1963 on which date the Court directed the defendantjudgment-debtor to furnish a solvent security in the sum of Rs. 200 within three days from the date of that order.

(3.) THE plaintiff-decree-holder has come up to this Court for revising the aforesaid order inter alia, contending that the Court below had no jurisdiction to proceed with the trial of the case, as the mandatory provisions of Section 17 of the Act had not been complied with by the defendant-judgment-debtor.