In Brief
The Supreme Court dismissed the appellants' appeal against an ex parte ejectment and rent recovery decree from a Small Causes Court. The appellants sought to set aside the decree by filing applications under Section 17 of the Provincial Small Cause Courts Act, 1887 and Order IX Rule 13 CPC on the same day. They offered a rented shop belonging to a municipal corporation as security. The Court held that such security—property not owned by the surety—cannot constitute valid security under Section 17, as it is unenforceable under Section 145 CPC. The mandatory requirement of providing legally acceptable security was not met. The appeal was dismissed with no order as to costs.
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