SHYAM KUMAR GUPTA & ORS. versus SHUBHAM JAIN

SHYAM KUMAR GUPTA & ORS. versus SHUBHAM JAIN

The Court held that where a defendant promptly moved to set aside an ex parte decree and deposited the amounts directly quantified by the decree (Rs. 8,000 arrears and Rs. 3,212 costs) and where the decree also involved eviction and unquantified mesne profits, a practical view under Section 17 of the Provincial Small Cause Courts Act, 1887 read with Order IX Rule 13 CPC should be taken. The application under Order IX Rule 13 CPC was therefore allowed, the ex parte judgment and decree were set aside, and the suit was restored for consideration on merits.

Parties
Appellant: SHYAM KUMAR GUPTA & ORS.; Respondent: SHUBHAM JAIN
Jurisdiction
India
Judgment Date
02 February 2023
Procedural Posture
Civil Appeal / Appeal Against High Court Order
Outcome
Appeal allowed
Legal Topics
Setting Aside Ex Parte Decree, Deposit Requirement Under Section 17 Provincial Small Cause Courts Act, 1887, Order IX Rule 13 CPC, Mesne Profits/compensation for Use
Civil Procedure Provincial Small Cause Courts Act Landlord and Tenant (rent/eviction) Setting Aside Ex Parte Decree Deposit Requirement Under Section 17 Provincial Small Cause Courts Act, 1887 Order IX Rule 13 CPC Mesne Profits/compensation for Use

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Parties

SHYAM KUMAR GUPTA & ORS.

Appellant

SHUBHAM JAIN

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order

Legal Issues

  1. 1 Whether an application under Order IX Rule 13 CPC to set aside an ex parte decree in a suit governed by the Provincial Small Cause Courts Act, 1887 is maintainable without full deposit or security as required by Section 17 of the Act
  2. 2 Whether the requirements of Section 17 of the Provincial Small Cause Courts Act, 1887 are mandatory in the facts of this case
  3. 3 Whether the deposit made by the defendant (predecessor of appellants) was sufficient to permit setting aside the ex parte decree and restoration of the suit

Ratio Decidendi

The Court held that where a defendant promptly moved to set aside an ex parte decree and deposited the amounts directly quantified by the decree (Rs. 8,000 arrears and Rs. 3,212 costs) and where the decree also involved eviction and unquantified mesne profits, a practical view under Section 17 of the Provincial Small Cause Courts Act, 1887 read with Order IX Rule 13 CPC should be taken. The application under Order IX Rule 13 CPC was therefore allowed, the ex parte judgment and decree were set aside, and the suit was restored for consideration on merits.

Court Disposition

Appeal allowed

Orders

  • Application under Order IX Rule 13 CPC allowed
  • Ex parte judgment and decree dated 09.03.2016/16.03.2016 set aside