In Brief
A tenant's legal representatives sought to set aside an ex parte decree for rent arrears and ejectment in a small cause court suit. The trial court and high court refused, citing the tenant's failure to deposit the full amount due under the decree, including future damages for use and occupation. The Supreme Court allowed the appeal, holding that mandatory deposit requirements must be applied practically, not rigidly. Since the tenant had deposited the quantified arrears and costs promptly upon learning of the decree, and subsequently deposited all outstanding rent amounts, denying the tenant a hearing on merits was unjust. The Court distinguished earlier precedent and set aside the ex parte decree, restoring the suit for merit consideration."
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