MANOJ MISRA,J. - (1.) Heard Sri Saurabh Srivastava for the revisionist and Sri Manish Tandon for the respondents.
(2.) The instant revision has been filed against an order dated 21.01.2017 passed by the Additional District Judge, Court No.4, Kanpur Nagar by which application of the defendant-revisionist to set aside ex parte decree passed in SCC Suit No. 172 of 2013, has been rejected for non-compliance of the proviso to sub-section (1) of Section 17 of the Provincial Small Causes Court Act, 1887 (hereinafter referred to as 'Act').
(3.) The admitted facts of the case are that an ex parte decree dated 06.12.2014 was passed against the defendant-revisionist by the Court of Judge, Small Causes and to set aside the said ex parte decree, an application was filed on 20.01.2015 along with application under section 5 Limitation Act, 1963 stating that the applicant came to know about the ex parte decree on 12.01.2015. By the ex parte decree, the defendant was required to pay arrears of rent with effect from 01.03.2013 to 24.08.2013 including taxes totalling Rs. 29,000/- as well as costs amounting to Rs. 3,000/- and mesne profits at the rate of Rs. 200/- per day from the date of filing of the suit up to handing over possession.;