H.R.Khanna, J.

1. The question as to whether the proviso to Sub-section (1) of Section 17 of the Provincial Small Cause Courts Act (IX of 1887) (hereinafter referred to as the Act), applies to an application filed for setting aside an ex parte decree made by the High Court in a revision petition under Section 25 of the Act, arises for consideration in this case. It has arisen in the following circumstances :

2. Messrs American Furnishing House and Hari Das, plaintiffs filed a suit for recovery of Rs. 922-8-3 against Udai Ram Bhurji in the Court of Small Causes, Delhi, The suit was contested by the defendant and was dismissed by the Additional Judge Small Causes Court, Delhi, on 11th April 1959. The plaintiffs thereupon filed a revision-petition under Section 25 of the Act to challenge the decision of the Additional Judge, Small Cause Court. The revision of the petitioner came up for hearing before my Lord the Chief Justice on 26th February 1965. At the time of the hearing the plaintiffs were represented by Mr. G. L. Srivastava but no one appeared on behalf of Udai Ram Bhurji defendant. The learned Chief Justice accepted the revision-petition and granted a decree for recover