Hon’ble V.K. Shukla, J.—Prem Chandra Mishra, landlord of the premises in question has filed present writ petition questioning the validity of the order dated 30.10.1995 passed by IInd Additional District Judge, Etah allowing Revision No. 6 of 1994 filed by the tenant Satya Prakash Sharma by setting aside order dated 11.4.1994 passed by Judge Small Causes/Additional Civil Judge, Etah in SCC Misc. Case No. 1 of 1993 and directing for fresh decision in accordance with law on the question of compliance of provisions of Section 17 of Provincial Small Cause Courts Act, 1887.

2. Brief background of the case is that suit for arrears of rent and ejectment was filed by the petitioner against the tenant concerned Satya Prakash Sharma being JSCC Suit No. 1 of 1993. In the said proceedings tenant entered appearance and filed his written statement and also deposited Rs. 5200/- on the first date of hearing. On 27.4.1993 an order was passed to proceed ex parte against the tenant concerned fixing 17.5.1993 for final hearing. On 17.5.1993 an application was moved on behalf of petitioner seeking permission from Court for filing affidavit in the shape of evidence on 17.5.1993. Application was