Judgment

D. A. DESAI, J.:- Third respondent Smt. Savitri Devi filed a small causes case No. 43/76 in the Court of Civil Judge, Rampur- designated as Court of Small Causes for recovering arrears of rent, electricity charges etc. in respect of House No. 368 situated, in Adarsh Colony, Civil Line, Rampur against the present appellant. On service of the summons, the appellant appeared and contested the suit by filing his written statement. The suit came to be adjourned for hearing to August 6, 1977. On that day, the appellant and his advocate were absent and the suit was decreed ex parte. On Aug. 8, 1977, appellant appeared and moved an application under the proviso to See. 17 (1) of the Provincial Small Causes Act, 1887 (Act for short) requesting the Court to permit him to give such security for the performance of the decree in lieu of the liability to deposit in cash the amount due from him under the decree. On the same day, the Court granted him the permission subject to the condition that the appellant shall deposit Rs. 2700/- in cash and for the balance of decretal amount, he was directed to give an adequate security. Subsequently on Aug. 31, 1977, the applicant moved an applicatio