JUDGEMENT :

Anil S. Kilor, J.

1. This writ petition is placed before us to decide the following question, upon reference being made by the learned Single Judge:

“In the light of the provisions of Section 33(1) of the Maharashtra Rent Control Act, 1999 which confer jurisdiction on the Court of Small Causes and in absence of the Court of Small Causes on the Court of Civil Judge, Junior Division or Civil Judge, Senior Division as the case may be, whether the provisions of Section 17(1) proviso of the Provincial Small Cause Courts Act, 1887 would be required to be complied with in view of the decision in Akbarali Husenali Gulamreza .vs.. Hotel Rexalia Private Ltd.2002 (2) Mh.L.J. 133?”

2. The brief facts which are relevant to decide the question referred for adjudication, are as follows: The respondents herein filed a suit for eviction against the petitioners which was decreed ex parte vide order dated 19/09/2003 passed by the Second Additional Small Causes Court, Nagpur in Regular Civil Suit No. 5 of 2008.

3. The petitioner, feeling aggrieved by the said ex parte order, preferred an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as “C.P.C.”