Mishra, J.-

l. This is a revision under section 25 of the Provincial Small Cause Courts Act, 1887 against an order dated 5-2-1975. whereby an application of the defendant applicant for setting aside the ex parte decree has been dismissed.

2. Facts essential for the decision of this revision are as under :-

The plaintiff non applicant had filed a suit for recovery of money amounting to Rs. 871.30. This suit was decreed ex-parte on 23-2-1974. On 21-3-1974, the defendant applicant submitted an application for setting aside the ex- parte decree, after complying with the requirement of provision of the proviso to section 17 (1) of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as 'the Act'). The ground on which this application was submitted was that the copy of the plaint was not served on the defendant applicant. Therefore there was no due service of the summons on him. The plaintiff non-applicant did not dispute the factum of non-supply of the copy of plaint to the defendant-applicant but contended that inspite of the failure to supply the copy the fact does not invalidate the service. The contention of the plaintiffs non-applicant found favour with the learne