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Judgment
Daniels, J.—This is a revision u/s 25 of the Provincial Small Cause Courts Act. The question raised is whether there was a sufficient compliance with Section 17 of that Act in presenting an application to set aside an ex parte decree. The application was presented on the last day of limitation at about 3 o''clock. It would appear from the judgment of the Court below that it was accompanied by a tender of the amount payable u/s 17, but as no payments are passed by the treasury after 12 o''clock in the day the tender was not returned to the applicant or the money actually deposited in the treasury till the following day. 1 agree with the Court below that this was a substantial compliance with the provisions of Section 17. The applicant did every thing that was possible for him to deposit the money at the time of presenting the application, and it was only owing to the particular rules in force of the local treasury that it could not be deposited till next day. The principle of the ruling Munna Lal v. Radha Kishan 30 Ind. Cas. 186 : 13 A.L.J. 793 : 37 A. 591 relied on by the Court below is applicable. 1 accordingly dismiss the revision but without costs as the respondent is unrepresented.