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Supreme Court of India · 02/02/2023

SHYAM KUMAR GUPTA & ORS. versus SHUBHAM JAIN

[2023] 4 S.C.R. 873 · 2023 INSC 98

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Summary

A Small Causes Court in Raebareli decreed ex parte a landlord's suit for Rs. 8,000 arrears, eviction and Rs. 2,000 a month for use and occupation; the tenant sought to set aside the decree after depositing the arrears and costs but not the unquantified monthly damages, and the trial court and the Allahabad High Court rejected the application under the proviso to Section 17 of the Provincial Small Cause Courts Act, 1887, relying on Kedarnath. The Supreme Court allowed the tenant's heirs' appeal: the deposit requirement must be applied practically where the decree does not quantify the sum, the court could have extended time or demanded security, Kedarnath involved total non-compliance, and the appellants having deposited Rs. 1,90,000 towards rent to April 2023 deserve a trial on merits.

Issues

  1. Whether an application to set aside an ex parte decree of a Small Causes Court must be rejected under the proviso to Section 17 of the Provincial Small Cause Courts Act, 1887 where the applicant deposited the quantified decretal amount and costs but not the unquantified monthly damages for use and occupation.

Provisions considered

Held

Result

Appeal allowed; Allahabad High Court order dated 21.09.2022 and trial court order dated 01.09.2022 set aside; application under Order IX Rule 13 CPC allowed and the ex parte judgment and decree dated 09.03.2016/16.03.2016 in SCC Suit No. 1 of 2015 set aside, the suit restored for decision on merits with priority; appellants to file written statement by 28.02.2023 and parties to appear before the trial court on that date; plaintiff free to apply for withdrawal of the deposited amount; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 873.