ORDER :- This revision is directed against an order passed by the 4th Additional District Judge rejecting an application for setting aside the ex parte decree passed in Original Suit No. 81 of 1974. The said suit was a suit for the eviction of the tenant by the landlord after determining the former's tenancy. Arrears of rent and damages etc. were also claimed in the suit. The court below rejected the application on the ground that there was no compliance with the requirements of Section 17 of the Provincial Small Cause Courts Act and, therefore, the application under Order 9, Rule 13, C. P. C. for setting aside the ex parte decree was not maintainable. The learned counsel for the applicant has contended that in a suit for eviction Section 17 of the said Act will not get attracted. In my opinion, this contention has no force. Section 17 (1) reads as follows :-

"17. (1) The procedure prescribed in the Code of Civil Procedure, 1908, shall, save in so far as is otherwise provided by that Code or by this Act, the procedure followed in a Court of Small Causes in all. suits cognizable by it and in all proceedings arising out of such suits :

Provided that an applicant for an order