2011 Supreme(All) 657

[2011(3) ADJ 31 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : RAKESH TIWARI, J.
PRAMOD KUMAR AGARWAL ....Petitioner/Tenant
Versus
Smt. JAMUNA DEVI ....Respondent
(Civil Misc. Writ Petition No. 13729 of 2011, decided on 8th March, 2011)

Headnote:Provincial Small Cause Courts Act, 1887—Section 17—Code of Civil Procedure, 1908—Order IX, Rule 13, Sections 47 and 151—Limitation Act, 1963—Section 5—Revision—Execution—Deemed service of notice—According to petitioner he had no financial capacity to pay decreetal amount—Hence, he moved modification application—In revision before High Court praying that interim order may be modified—Petitioner tenant may be permitted to deposit due amount of admitted rent per month—Admittedly, petitioner has not complied with mandatory provisions of Section 17 of Act, 1887 by depositing entire decreetal amount—He was granted interim stay in revision by High Court—Subject to his depositing entire decreetal amount alongwith damages etc.—Admittedly, interim order stand vacated for non-compliance of conditions imposed—No legal impediment before executing Court to proceed with execution case—Since petitioner has not complied with mandatory provisions of Section 17 of Act, 1887—And no interim order operative in petitioner's favour—No interference warranted.