JHABBOO MISIR Vs. HAVALDAR TEWARI

JUDGEMENT

(1.) This is an application to revise the order of the Judge, Small Cause Court, Ballia, dated 3 March 1928 by which that learned Judge refused an application on behalf of a defendant judgment-debtor to set aside the ex parte decree made against him on 1 November 1927.

(2.) The only point that requires decision in this Court is whether the learned Judge was right in dismissing the application on the ground (inter alia) that no direction of the Court was taken as to whether the judgment-debtor should deposit, along with his application, the decretal amount or should furnish security to the satisfaction of the Court.

(3.) We have to construe the proviso to Sub-section 1, Section 17, Provincial Small Cause Court Act. It reads as follows: Provided an applicant for an order to set aside a decree passed ox parte... shall, at the time of presenting an application, either deposit in the Court the amount due from him under the decree or in pursuance of the judgment or give security to the satisfaction of the Court for the performance of the decree or compliance with the judgment, as the Court may direct.