Case Note & Summary
The dispute arose from a suit filed by the landlord for recovery of arrears of rent and eviction against the tenant under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The suit was decreed ex-parte on 9.8.1996, directing the tenant to pay arrears and vacate the premises. The landlord executed the decree and obtained possession on 21.2.1998. Subsequently, the tenant filed an application under Order 9 Rule 13 of the Code of Civil Procedure (CPC) to set aside the ex-parte decree, which was rejected by the trial court for non-compliance with the mandatory provisions of the Provincial Small Cause Courts Act, 1887. The tenant's revision was allowed by the Additional District Judge, leading to the landlord's appeal to the Supreme Court. The court analyzed the mandatory nature of the proviso to Section 17 of the PSCC Act, which requires a deposit or security for the performance of the decree when seeking to set aside an ex-parte decree. The court noted that the tenant's application was not maintainable as it did not comply with this requirement. The Supreme Court restored the trial court's order, emphasizing that the application was incompetent due to the lack of compliance with the statutory provisions. The appeal was allowed, and the orders of the District Court and High Court were set aside, restoring the trial court's decision without costs.
Headnote
A) Civil Procedure - Ex-parte Decree - Maintainability of Application - Provincial Small Cause Courts Act, 1887, Section 17 - An application seeking to set aside an ex-parte decree must be accompanied by a deposit of the amount due under the decree or a previous application for leave to furnish security. The court held that the failure to comply with this mandatory requirement rendered the application incompetent and not entertainable (Paras 1-5).
Issue of Consideration
Whether the application to set aside the ex-parte decree was maintainable without compliance with the mandatory provisions of the law.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the District Court and High Court, and restored the trial court's order rejecting the application to set aside the ex-parte decree.
Law Points
- Mandatory compliance
- ex-parte decree
- setting aside decree
- security for performance
- Provincial Small Cause Courts Act
- 1887
- Code of Civil Procedure
- 1908
