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Allahabad High Court · body

2015 DIGILAW 3499 (ALL)

Anand Tiwari v. Sushila Tiwari

2015-11-05

VIVEK KUMAR BIRLA

body2015
JUDGMENT Vivek Kumar Birla,J. Heard learned counsel for the revisionist-tenant and Sri Yogesh Krishna Mishra, learned counsel for the respondent-landlord and have perused the record. 2. The revisionist-tenant has come up challenging the order dated 3.10.2015 passed by the Court below rejecting prayer made in the application of the revisionist-tenant filed under Section 17 of the Provincial Small Cause Courts Act, 1887 that he may be permitted to give security as he has no cash money. The Court below has passed ex-parte decree dated 27.3.2014 against the revisionist-tenant. Thereafter, the revisionist-tenant filed an application under Order IX Rule 13 CPC for recalling the order ex-parte decree dated 27.3.2014. Now the aforesaid prayer made in the application of the revisionist-tenant filed under Section 17 of the Act of 1887 has been rejected that no documentary evidence on record has been filed to show that the applicant is not having cash to deposit the entire decretal amount. As such, the revisionist-tenant was directed to deposit entire decretal amount in cash by way of tender. 3. The submission of the learned counsel for the revisionist-tenant is that the proviso to Section 17 of the Act of 1887 clearly provides that a security can also be furnished in such matters. He further submits that the revisionist-tenant is a Class-IV employee and during course of arguments he offered that he shall deposit half of the decretal amount in cash and for balance amount he shall furnish security. 4. In view of the offers so made by the learned counsel for the revisionist-tenant, learned counsel appearing for the respondent-landlord submits that in case the revisionist-tenant deposits half of the decretal amount and for balance amount security is furnished by him within a period of three weeks from today, he has no objection. 5. In such view of the matter, the order dated 3.10.2015 passed by the Court below is modified to the extent that half of the decretal amount may be deposited in cash by way of tender and for balance amount the revisionist-tenant shall furnish security within a period of three weeks from today. The revisionist-tenant shall continue to deposit rent by 7th of every month and the respondent-landlord will be entitled to withdraw the same without prejudice to his right. 6. This revisions is accordingly disposed of with the aforesaid observation/direction.