R.K.DESHPANDE,J. - (1.) Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
(2.) The Court of Small Causes trying a suit between the landlord and the tenant under Section 33 of the Maharashtra Rent Control Act has passed an ex parte decree for eviction and possession on 19.09.2013 against the petitioner - tenant. The tenant preferred M.J.C. No.01 of 2014 under Order 9 Rule 13 of the Code of Civil Procedure on 20.12.2013 for setting aside ex parte decree along with the application for condonation of delay. The Court of Small Causes dismissed it solely on the ground that there was noncompliance of Section 17(1) of the Provincial Small Cause Courts Act, 1887 to deposit the decretal amount or to furnish the security as required by the said provision. The order dated 30.06.2014 was challenged by the petitioner in Misc. Civil Appeal No.206 of 2014 filed under Section 34 of the Maharashtra Rent Control Act. This appeal has also been dismissed on 27.07.2015 by the lower Appellate Court. Hence, the tenant is before this Court in this writ petition.
(3.) The learned counsel for the petitioner submits that the provision of Section 17 of the Provincial Small Cause Courts Act, 1887 is not at all attracted in the present case, for the reason that the application is filed under Order 9 Rule 13 of the Code of Civil Procedure and the suit in question was tried by the Court of Small Causes exercising jurisdiction under Section 33 of the Maharashtra Rent Control Act. According to him, the Court was not exercising the jurisdiction under the Provincial Small Cause Courts Act and there is no provision in the Code of Civil Procedure to deposit any such amount or to furnish security, as is under Section 17 of the Provincial Small Cause Courts Act. He further submits that even otherwise, the amount was deposited before dismissal of the application under Order 9 Rule 13 of the Code of Civil Procedure on 30.06.2014. The courts below ought not to have therefore, rejected the application filed by the petitioner.;