1. This petition is by the two defendants in a Small Cause Suit against an order dismissing their application under Order IX R.13 CPC. The decree is dated May 29,1961; and the application was made on June 15,1961, averring that they have not been served with any notice or summons in the suit, and came to know of the decree only on June 13, 1961. The court ordered on June 21 "Deposit the decree amount by 10 7"; and the entire decree amount was deposited on July 7,1961. The application was, however, dismissed on August 30, 1961 as not been accompanied by the deposit at presentation. Hence this revision petition.

2. The proviso to S.14 of the Kerala Small Cause Courts Act, 8 of 1957, enacts:

"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 deposit in the court the amount due from him under the decree or in pursuance of the judgment, or give such security for the performance of the decree or compliance with the judgment as the court may, on a previous application made by him in this behalf, have directed."

Here, the application was presented on June 15,1961; and t