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1985 Supreme(All) 290

S.D.AGARWALA
SURENDRA NATH MITTAL – Appellant
Versus
DAYANAND SWARUP – Respondent


Advocates Appeared:
S.N.AGARWAL, VINOD SWARUP

S. D. AGARWALA, J.

( 1 ) THIS is a revision filed under S. 25 of the Provincial Small Cause Courts Act by the tenant. The plaintiff-respondent had filed a suit No. 39 of 1979 for arrears of rent and ejectment. This suit was decreed ex parte on 13th Nov. , 1979. The revisionist thereafter moved an application for restoration of the suit to its original number. He also made certain deposits as required under the proviso to S. 17 of the Provincial Small Cause Courts Act, hereinafter referred to as the Act. The deposit was short and consequently the plaintiff respondents filed an objection to that effect. Thereafter the revisionist made further deposits and also filed an application for condonation of delay in making the said deposits. The Ist Additional District Judge, Bulandshahr by order dt. July 7, 1982 dismissed the restoration application for non-compliance of the provisions of S. 17 of the Act within the time prescribed. The application moved by the revisionist for condonation of delay in depositing the amount as required by proviso to S. 17 of the Act was also dismissed. It is this order dt. 7th July, 1982 which is the subject-matter of challenge in this revision.

( 2 ) I have











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