- (1.) This petition seeks the quashing of the order dated 4th May, 2010 passed by the Judge, Court of Small Causes by which the application filed by the petitioner under Order IX, Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree dated 16/26th July, 2008 passed in SCC Suit No. 66 of 2008, has been rejected. The application filed by the petitioner for setting aside the ex parte decree was rejected by the Judge, Court of Small Causes by the order dated 4th May, 2010 for the reason that the condition stipulated in the proviso to section 17(1) of the Provincial Small Causes Courts Act, 1887 (hereinafter referred to as the '1887 Act') for deposit of the amount due under the decree at the time of presentation of the application had not been complied by the judgment debtor.
(2.) Learned Counsel for the petitioner has submitted that the petitioner is ready to deposit the amount, if some time is now granted by this Court.
(3.) It is not possible to accept the contention of the learned Counsel for the petitioner.;