Hon’ble Prakash Krishna, J.—A learned Single Judge of this Court has referred the following question of law for consideration by a larger Bench.

“Whether the proviso to Section 17 of the Provincial Small Causes Courts Act completely bars any rectification or removal of a bona fide error after the expiry of the period of limitation when substantial compliance by way of deposit of the decretal amount and furnishing security has been made within the period of limitation particularly when Section 5 of the Limitation Act, 1963 has been made applicable to Order IX Rule 13 of the Code of Civil Procedure?”

The Hon’ble Chief Justice has ordered that the matter be laid before us and that is how the matter has been placed before us.

2. The background facts may be noticed in brief:

The opposite parties herein, the landlords of the property in dispute, filed SCC Suit No. 8 of 2000 against the present applicants, the tenants for ejectment and recovery of arrears of rent and damages. The suit was instituted on 17.4.2000 and was decreed ex parte on 6.9.2002 against the applicants/tenants.

It appears that the applicants herein filed an application for setting aside the ex parte by invoking