JUDGMENT

RANGANATHAN, J. :— A somewhat important question as to the nature and scope of the rights available to a defendant whose "defence has been struck out" calls for determination in this appeal in the particular context of the West Bengal Premises Tenancy Act, 1956. The appeal arises from the judgment of a Full Bench of the Calcutta High Court constituted to resolve a conflict in the earlier decisions of the same Court on this issue. The Full Bench, by a majority of two (P. K. Banerjee and Chittatosh Mookerjee, JJ.) to one (Ramendra Mohan Datta, Acting CA) decided that in a matter where the defence against delivery of possession has been struck out under subsection (3) of section 17 of the West Bengal Premises Tenancy Act, 1956, (hereinafter referred to as the Act) the defendant tenant cannot cross-examine the witnesses called by the plaintiff, excepting on the point of notice under Section 13(6) of the said Act. The correctness of the view taken by the majority is contested in this appeal.

2. Though the learned Judges were of opinion that the issue decided on the reference raised substantial questions of law of general importance, they considered themselves unable to grant a c