In Brief
A landlord in Roorkee sought eviction of a tenant and obtained an ex-parte decree on 31.03.1998. The tenant later filed an application under Order 9 Rule 13 CPC to recall the decree, claiming relief under the Limitation Act. The High Court allowed the writ petition interfering with the trial court's rejection of the tenant's application. The Supreme Court held that the tenant failed to comply with the mandatory requirement under Section 17 of the Provincial Small Cause Courts Act, 1887, which requires an applicant to deposit the entire decretal amount or obtain prior court permission at the time of filing. The deposits made under a different statute were found irrelevant. The Court upheld the trial court's rejection and directed execution of the original decree.
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