Supreme Court of India
Shyam Kumar Gupta & Ors. v. Shubham Jain
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What the Court ordered
In view of the above, this appeal succeeds and is allowed in the manner that while setting aside the impugned orders dated 01.09.2022 and 21.09.2022, the application filed by the appellants under Order IX Rule 13 CPC is allowed and thereby, the ex parte judgment and decree dated 09.03.2016/16.03.2016 are set aside.
Judgment, page 13
From the headnote
Provincial Small Cause Courts Act, 1887 – s.17 r/w Or. IX, r.13 of CPC – Court of Small Causes – Application for setti ng aside ex-parte decree – Maintainability – Requirement u/s. s.17 of the ct of 1887 of depositing the amount due and payable under the decree at the time of filing application for setting aside ex-pa rte decree – Respondent, purported owner of a shop, filed suit a gainst the predecessor of appellants, who was a tenant in the shop – The suit was for recovery of arrears of rent and for eviction on ground of default in payment of rent – Trial Court decreed the suit ex-parte
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