- (1.) This writ petition has been preferred against the judgment and order dated 30.09.2011, by which the Learned Revisional Court has allowed the revision and quashed the order dated 09.11.2009 passed by Learned Civil Judge, Senior Division, Balrampur in miscellaneous Case No. 68 of 2007. Brief facts, relevant for the purposes of deciding this petition, are that respondent No. 2 filed SCC suit for eviction and recovery of arrears of rent and damages of use and occupation bearing SCC suit No. 1 of 2007, which was ex-parte decreed by the Learned Civil Judge (Senior Division), Balrampur vide judgment and decree dated 24.08.2007. The petitioner moved an application for setting aside ex-parte decree under order IX Rule XIII C.P.C., which was allowed by the learned Civil Judge (Senior Division) vide order dated 09.11.2009, by which the ex-parte decree was set aside, subject to deposit of Rs. 3780/- as rent/damages, 50 per cent of which was directed to be deposited. The respondent/landlord challenged this order before the Learned District Judge through SCC revision No. 30 of 2009, which was allowed by the learned Additional District Judge, Court No. 1, Balrampur vide judgment and order dated 30.09.2011, on the ground that the tenant/petitioner has not complied with the mandatory provisions contained in Section 17 of Small Causes Courts Act. This order is under challenge in this writ petition.
(2.) I have heard both the parties and have gone through the records.
(3.) It is needless to say that the provisions contained in Section 17 of Small Causes Courts Act, as produced below, are mandatory, in nature. Application of the Code of Civil Procedure - (1) The procedure prescribed in the Code of Civil Procedure, 1906, shall, save insofar as is otherwise provided by that 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: Provided that an applicant for an order to set aside a decree passed ex-parte or for a review of judgment shall, at the time of presenting his application, either deposit in the court the amount due from him under the decree or in pursuance of the judgment, or give such security for the performance of the decree or compliance with the judgment as the Court may, or a previous application made by him in this behalf, have directed. (2) Where a person has become liable as surety under the proviso to subsection (i), the security may be realized in manner provided by Section 145 of the Code of Civil Procedure, 1908.;