Supreme Court of India
Arti Dixit & Anr v. Sushil Kumar Mishra & Ors
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From the headnote
Provincial Small Cause Courts Act, 1887: s. 17 – De cree passed by a court of Small Causes ex-parte, under the proviso to s.17 – Application to set aside the ex-parte decree – Mandatory requirements – Held: Applicant must deposit in the court, th e amount due under the decree or should give security for th e performance of the decree ‘on a previous application’ made by him in this behalf – Such application can be filed up to the date of the applicati on u/ Ord. IX r. 13 and the security must be made availab le along with such application – On facts, court of Small Causes p assed an ex- parte
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