ANJANI KUMAR,J. - (1.) This writ under Article 226 of the Constitution of India filed by the tenant -petitioner is directed against the order dated 19 -3 -2002 passed by the respondent No. 1 (Annexure -6 to the writ petition) in SCC Revision No. 59 of 1997 under the Provincial Small Cause Courts Act, 1887.
(2.) THE facts giving rise to the filing of the present writ petition are that landlord filed a suit for eviction of the petitioner -tenant after service of notice under Section 106 of the Transfer of Property Act, 1882. This suit was decreed ex parte on 19th September, 1995. The petitioner filed an application under Order IX, Rule 13 of Code of Civil Procedure, 1908 for setting aside the aforesaid ex parte decree.
(3.) SECTION 17 of Provincial Small Cause Courts Act, 1887, hereinafter called the 'Act', provides that the procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908), shall, save in so far as is otherwise provided by the Code or by this Act, be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits.;