R.R.Misra

1. This revision by the defendant-applicant has been filed against an order dated. 20th February 1987 whereunder his restoration application has been rejected for non-compliance of proviso to section 17 of the Provincial Small Cause Courts Act (hereinafter referred to as the Act). Since the defendant-applicant Mohd. Yasin was in arrears of rent with effect from 1st July 1979, an ex-parte decree for recovery of arrears of rent and ejectment was passed on 1st October 1984 against him. He moved an application for restoration under Order 9 rule 13 of the Code of Civil Procedure on 10th October 1984 but neither the decretal amount was deposited nor security was furnished. In fact no previous application regarding security was moved by the defendant- applicant earlier and even on 10th October 1984 in his application under Order 9 rule 13 of the Code of Civil Procedure all that has been said is that the date fixed la the case was 1st October 1984 and the reason for absence of the applicant was explained on medical ground. Nothing was stated in this application as to whether the decretal amount has been deposited or not or whether the applicant is prepared to furnish secu