PUNNAIAH
Chigurupalli Suryanarayana – Appellant
Versus
Amadalavalasa Co-operative Agricultural Industrial Society Ltd. – Respondent
( 1 ) THIS revision petition is directed against the order passed by the Additional Subordinate Judge, Srikaku-lam in I. A. No. 52/73 in S. C. 31/73.
( 2 ) TWO questions of law require consideration in this revision petition. They are: (1) Whether it is necessary under the proviso to Section 17 (1) of the Provincial Small Cause Courts Act (hereinafter called the Act) that deposit of decretal amount should be made along with the application presented for setting aside the ex parte decree; and (2) whether it is not necessary for the court to give a finding on the question of sufficiency of cause for setting aside the ex parte decree under Section 17 (1) of the Act.
( 3 ) THE learned Additional Subordinate Judge passed ex parte decree on 8-10-1973 against the respondent herein. The respondents filed I. A. No. 52 of 1973 for setting aside the ex parte decree on 16-10-1973. He also applied for challan for Rs. 400. 00 on 18-10-1973 and the challan was given by the court to the respondent. But the respondent did not deposit the amount of Rs. 400. 00 before the order in I. A. 52/73 was passed. He. however, deposited the said amount before the expiry of 30 days from 8-10-1973.
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