RANJIT SINGH Vs. SARDA RANJAN PRASAD SINHA

JUDGEMENT

(1.) This revision application by the defendant in a suit for his eviction from a building is directed against the order dated 6-2-1980 passed by the court below.

(2.) On 13-1-1978, the trial Court passed an order under Section 13 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977 (hereinafter referred to as 'the Act') directing the defendant to deposit arrears of rent. As this was not done, the written statement was struck off by order dated 6-2-79. On 26-3-79, the suit was dismissed for default and was later restored on 18-4-1979. The petitioner then claimed before the Court below that the order rejecting the defence must be held not to have revived on the restoration of the suit and he is now entitled to rely upon his written statement. The plea has been rejected by the Court below.

(3.) Mr. Surya Bhushan Prasad Singh, appearing for the petitioner contended that in view of the decision in Gopi Halwai v. Zainab Khatoon, (AIR 1975 Pat 42) it must be held that all interlocutory orders passed in the suit earlier than its dismissal for default did not and could not revive on the restoration of the suit. I do not agree with the learned counsel.