NDLI: Shyam Kumar Gupta & Ors. Vs. Shubham Jain

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Provincial Small Cause Courts Act Court of Small Causes Application for setting aside ex-parte decree r.13 of CPC s.17 r/w Or. IX Maintainability
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Provincial Small Cause Courts Act, 1887 – s.17 r/w Or. IX, r.13 of CPC – Court of Small Causes – Application for setting aside ex-parte decree – Maintainability – Requirement u/s. s.17 of the Act of 1887 of depositing the amount due and payable under the decree at the time of filing application for setting aside ex-parte decree – Respondent, purported owner of a shop, filed suit against 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 with costs – Defendant (predecessor of appellants) moved application u/Or. IX r.13 CPC and also an application u/s.17 of the Act, 1887, along with a tender seeking permission to deposit the decretal amount, inclusive of the amount of costs – Objection taken by plaintiff-respondent, that under the decree in question, he was entitled not only to arrears of rent and costs but also to damages until possession continued with the defendant; and necessary deposit towards damages having not been made, the application for setting aside ex parte decree was not maintainable – Trial court upheld the objections of respondent – High Court affirmed the order of trial court – Held: The impugned orders cannot be approved and the appellants deserve an opportunity to contest the suit on merits – A sum of Rs. 8,000/- towards arrears of rent had been quantified in the decree and another sum of Rs. 3,212/- towards costs could have been taken as quantified – Though plaintiff-respondent was further held entitled to receive Rs. 2,000/- per month towards rent/ mesne profits during the suit and until getting the actual vacant possession of the suit shop after payment of requisite court fees but, the trial court did not specifically quantify the amount payable by the defendant even until the date of decree – In the circumstances, when the defendant immediately moved the Court after noticing the decree in question and deposited the amount directly quantified thereunder i.e., the sum of Rs. 8,000/- towards arrears of rent and Rs. 3,212/- towards costs, totalling to Rs. 11,212/-, while seeking the order for setting aside ex parte decree, it was not a case where the defendant had ignored the requirements of deposit altogether – Moreover, the decree in question had not been merely a money decree but had been for eviction too – The trial court and the High Court viewed the requirements of s.17 of the Act of 1887 from an exacting and rather impractical standpoint and the bonafide attempt of the defendant to seek a merit decision of the suit after due contest was totally ignored – In response to queries of Supreme Court, the appellants immediately took bonafide steps and deposited the amount relatable to rent / mesne profits until the month of April, 2023 – They deserve an opportunity to contest the suit on merits – Accordingly, application filed by appellants-defendants under Or. IX, r. 13 CPC allowed – Consequently, suit in question restored for being considered on merits.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2023 INSC 98
Petitioner	Shyam Kumar Gupta & Ors.
Respondent	Shubham Jain
SCR	[2023] 4 S.C.R. 873
Judgement Date	2023-02-02
Case Number	765

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