AMAR BIR SINGH GILL, J.

( 1 ) THIS judgment shall dispose of both the writ petitions, as common question of law is involved. The short question which requires decision in these two writ petitions is the application of proviso to Section 17 (1) of Provincial Small Cause Courts Act, 1887.

( 2 ) IN writ petition No. 2801 (R/c) of 1983 an ex parte decree dated 17-3-81 passed by the Judge small cause courts, Faizabad for ejectment of the petitioner as also for arrears of rent with costs and pendentelite and future damages on payment of requisite court fees is in dispute. The petitioner filed an application for setting aside the ex parte decree on 2-7-81 and also depositedthe decretal amount. He, however, deposited costs etc. subsequently on 3-9-81. Objections to the tender were filed by the decree holder. The Judge Small Cause Courts vide judgment dated 22-9-82, copy of which is Annexure-5, relying upon proviso to Section 17 of the Act dismissed the application for setting aside the ex parte decree petitioner filed revision, which also met with the same fate and was dismissed on 16-5-83, copy of judgment is Annexure-4.

( 3 ) IN writ petition No. 5077 (R/c) of 1981 the facts are somewhat

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