JUDGMENT :

K.M. JOSEPH, J.

1. Leave granted.

2. The Respondents No.1 to 4 obtained an ex-parte decree against the appellants. The decree was one for ejectment and recovery of arrears of rent, taxes, damages etc. This decree was passed on 18.10.2012. The appellants filed an application under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’) on 06.05.2014 claiming knowledge of the Decree on execution proceeding on 05.04.2014. It was numbered as 4C. On the very same day, an application was filed under Section 17 of the Provincial Small Cause Courts Act 1887 (hereinafter referred to as the ‘Act’).

3. Section 17 of the Act reads as follows:

“17. Application of the Code of Civil Procedure.— (1) The procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908), shall save in so far as is otherwise provided by that Code or by this Act,] be the procedure followed in a Court of Small Causes, in all suits cognizable by it and in all proceedings arising out of such suits:

Provided that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either dep