Judgment

DESAI, J.:- Where a plaintiff in a suit bitterly complains that the defendant would be getting unfair advantage of his own lapse, if we were to interfere with the judgment rendered by the High court, we put ourselves on caution whether such be the outcome of our setting aside the order under appeal. Unwittingly, this Court should not be a party to the conferment of an undeserved advantage of a party to a proceeding guilty of a lapse though remediable and even unintentional. Deeper probing into the facts reveals that the boot is on the other foot in that the respondent-plaintiff is wholly to be blamed for the delay.

2. The facts first. The respondent-plaintiff filed a suit for eviction against the appellant defendant on the only ground that the tenant committed default in payment of rent for the period May, 1969 to December, 1971. The defendant contested the suit inter alia contending that he was not in default. There followed an application by the respondent-landlord for a direction under Sec. 11 A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Act for short). Section 11 A reads as under

"11A. Deposit of rent by tenants in suits for ejectment - If in a s