- (1.) THIS is a revision application by the defendant against an ex parte decree passed by the Judge, Small Causes, Udaipur.
(2.) THE sole question which arises for determination is whether the proviso to clause 15 (1) of the Rajasthan Small Cause Courts Ordinance is mandatory or not. Clause 15 of the Ordinance corresponds to Section 17 of the Provincial Small cause Courts Act. This proviso runs as follows: "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 on a previous application made by him in this behalf, have directed. "
(3.) THE underlined portion of the above proviso was added by Act IX of 1935. Before the amendment the words were- "security to the satisfaction of the Court for the performance of tne decree or compliance with the judgment, as the Court may direct. ";