Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Provincial Small Cause Courts Act 1887: s. 17 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Provincial Small Cause Courts Act, 1887 (9 of 1887) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Provincial Small Cause Courts Act, 1887: s. 17 – Decree 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, the amount due under the decree or should give security for the 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 application u/Ord. IX r. 13 and the security must be made available along with such application – On facts, court of Small Causes passed an ex-parte decree against the appellants for ejectment and recovery of arrears of rent and taxes – Appellants filed an application u/Ord. IX r. 13 rw s. 151 CPC seeking setting aside of the ex parte decree, and on the same day filed application u/s. 17 and sought permission for depositing/furnishing surety – Subsequently an application was filed that the security in the form of rental shop owned by the Municipal Corporation be taken on record and the same was allowed – Pursuant to remand, the trial court rejected the application filed u/s.17 as also the application filed to take the security on record – Surety provided by the appellants was also rejected – Said order was confirmed in the revision petition, as also in the writ petition by the High Court – On a literal interpretation of s. 17, the appellant did not seek for dispensing with deposit as such, thus, the appellant had not in the said sense complied with the mandatory requirement of s. 17 – Furthermore, the security furnished by the appellant through the surety, who is a tenant, is not acceptable in law having regard to s. 17(2) as the shop belonged to the Municipal Corporation and it could not be sold for enforcing the surety – Code of Civil Procedure, 1908 – Ord. IX r. 13. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2023 INSC 556 |
Petitioner | Arti Dixit & Anr |
Respondent | Sushil Kumar Mishra & Ors |
SCR | [2023] 5 S.C.R. 728 |
Judgement Date | 2023-05-18 |
Case Number | 3858 |
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