JUDGMENT

Lindsay, J. - This is an application for revision of an order passed by the Second Subordinate Judge of Cawnpore in exercise of Small Cause Court powers.

2. On the facts stated the case is a hard one on the applicant for revision, but I have come to the conclusion after hearing the learned Counsel that it is not possible for me to interfere.

3. The facts are as follows: The applicant here was the defendant in a suit which was brought for the recovery of arrears of rent. That case was instituted in the Court of the Judge, Small Cause Court of Cawnpore.

4. Under an order of the learned District Judge the case was transferred for disposal to the Court of the Second Subordinate Judge of Cawnpore and it was decided ex-parte on the 28th of June 1922.

5. The Second Subordinate Judge of Cawnpore on his date was Babu Aghore Nath Mukerji.

6. On the 28th of July 1922 the defendant filed an application to have the ex parte decree which had been passed against him set aside. This application was admittedly presented to Babu Aghore Nath Mukerji who on this date had become Judge of the Small Cause Court at Cawnpore.

7. In accordance with the provisions of Section 17 of the Provincial Small Caus