JUDGMENT :

1. Heard learned counsel for the petitioner and Sri Rashtrapati Khare, learned counsel for the respondents and perused the record.

2. Present petition has been filed challenging the impugned order 14.5.2019 passed by the Judge, Small Causes Court, Bareilly and the order dated 25.2.2020 passed by the revisional Court.

3. By the impugned order dated 14.5.2019 passed by the trial Court the application filed under Section 17 of Provincial Small Cause Court Act, 1887 (hereinafter referred to as the 'Act') has been rejected on the ground that the application was not maintainable in view of proviso to Section 17 of the Act. Revision filed against the same was also dismissed by the lower revisional court.

4. Challenging the impugned ordered, submission of learned counsel for the petitioner is that the application under Section 17 of the Act was filed along with the application under Order 9 Rule 13 CPC on the same date i.e. 5.10.2017. He submits that there is no dispute for this fact. Placing reliance on paragraph 9 of a decision of Hon'ble Apex Court in Kedarnath vs. Mohan Lal Kesarwani & Ors., 2002 (1) ARC 186, it is submitted that the application filed under Section 17 of the Act