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2016 DIGILAW 3739 (ALL)

Kailash Khullar v. Shri Vinay Juneja

2016-11-17

ANJANI KUMAR MISHRA

body2016
JUDGMENT Anjani Kumar Mishra, J. -- Heard, learned counsel for the petitioner and Shri K.K. Arora for the contesting respondent. 2. This petition has been filed, seeking writ of certiorari for quashing the order dated 13.10.2016 (Annexure 6 to the writ petition). 3. It appears that, an ex-parte judgment and decree was passed against the petitioner in Suit No. 138 of 2015, filed for ejectment and recovery of arrears of rent under Section 20(2) of the Act No.13 of 1972. 4. The ex-parte judgment and decree was passed on 04.04.2016. 5. The petitioner filed a application for recall of this order under Section 17 of the Provincial Small Causes Courts Act, on 15.7.2016. 6. On 20.07.2016 an application was filed for permission to furnish security for the decretal amount. This application has been rejected by the orders impugned, holding that it is only upon the entire decretal amount being deposited along with the recall application or an application being filed for furnishing security can an order in this regard be passed. The Court below has interpreted the words "prior application" occurring in Section 17 of the Act, and has concluded that, "prior application" means an application filed along with the application for recall. The application in the instant case has been filed subsequently, and at least five days after the recall application was filed. It has therefore, refused to permit the petitioner to furnish security and has rejected the application dated 20.07.2016. 7. Upon hearing, learned counsel for the parties and upon a perusal of the impugned order, I do not find find any illegality therein. 8. Learned counsel for the petitioner had been granted time to produce relevant case in his favour, but has failed to do so. 9. Accordingly, I do not find any ground for interference. 10. The writ petition is therefore dismissed.