Sudhir Chandra Verma, J. - (1.) THE petitioner has assailed ex -parte decree, passed by Judge Small Causes Courts, on the grounds that neither the plaintiff had been produced to prove the pleadings nor the Order has been passed in accordance with the provisions of Order 20 of the Code of Civil Procedure. Before dealing with these points, it would be necessary to consider the facts of the case. The defence of the petitioner was struck off due to non -compliance of the requirements of Order 15 Rule 5, of the Code of Civil Procedure and this order had become final. The effort of the petitioner to get the ex -parte decree set aside in accordance with provisions of Section 17 of the Provincial Small Causes Court's Act, has also failed and the proceedings were decided against him. The petitioner has challenged ex -parte decree under Section 25 of the Act, where the illegality of the Order can be considered. It is established from the material on record that this point was never raised before the Revisional Court. The petitioner only concentrated in challenging the order on the ground of sufficient cause for his absence as also on the ground that the learned Judge has not applied its mind in considering the material on record.
(2.) FIRSTLY this argument raised for the first time, in proceedings under Article 226 of the Constitution is liable to be rejected and can not be entertained at this stage. Even otherwise, the provisions of Order 20 Rule 1 provides that judgment of the Court of Small Cause need not contain more than the points for determination and decision thereon. The Judge Small Causes Courts was not necessarily required to frame issues and deal with each issues separately. In the background, that the defence of the defendant had been struck off, the trial court considering the pleadings and the affidavit of the plaintiffs filed in support of evidence, specially when there was no evidence, whatsoever, in rebuttal, has decreed the suit. The other evidence of the plaintiff in support of his pleadings were also on record. In my opinion the orders of the courts below do not suffer from any illegality or infirmity and I am not inclined to exercise my jurisdiction under Article 226 of the Constitution in the facts and circumstances of present case. The petition is accordingly dismissed in limine.;