DILIP GUPTA, J. ( 1 ) THE petitioner-defendant filed SCC Suit No. 83 of 1999 which was decreed ex parte on 6th August, 2007. Feeling aggrieved, defendant had filed a Revision under section 25 of the Provincial Small Causes Courts act, 1887 (hereinafter referred to as the Act ). The Revision has been dismissed by the Judgment and order dated 10th March, 2008 solely on the ground that the provisions of section 17 (1) of the Act which, are mandatory in nature, have not been complied with. ( 2 ) SRI H. N. Singh learned Counsel for the petitioner states that the provisions of section 17 (1) of the Act are not applicable to the present case because the defendant had not filed any application in the SCC Suit for setting aside the ex parte decree and neither he had filed any application for review of the judgment. In fact, a Revision was filed under section 25 of the Act to which the provisions of section 17 (1) of the Act do not apply. ( 3 ) LEARNED Counsel for the contesting respondent justified the order passed by Incharge, District Judge and submitted that the provisions of section 17 of the Act would also apply to a revision filed under section 25 of the Act. ( 4 ) LEARNED Counsel appearing for respondent No. 3 states that he does not desire to file any counter affidavit in the petition and both the learned Counsel for the parties are agreed that the petition may be decided at this stage. ( 5 ) THE contention advanced by learned Counsel for the respondent cannot be accepted. Even though one of the grounds taken in the revision was to set aside the ex parte Judgment but the prayer that has been made in the Revision filed under section 25 of the Act was to set aside the Judgment and order passed by learned Judge Small Causes Courts in SCC Suit No. 83 of 1999. ( 6 ) THE Incharge, District Judge completely failed to appreciate that the provisions of section 17 (1) of the Act are applicable only when an application is filed in the suit for recall of the ex-parte decree or when an application for review of the judgment is filed. There is no pre-condition of deposit of any amount for filing the revision. There is no pre-condition of deposit of any amount for filing the revision. ( 7 ) THE Judgment and order dated 10th March, 2008 cannot be sustained and is set aside. The matter is remitted to District Judge to decide the Revision in accordance with law. ( 8 ) THE petition is allowed to the extent indicated above. Petition Allowed. .