JUDGMENT

K. RAMASWAMY, J.-Leave granted in SLPs Nos. 3554, 5453, 6054, 2815 of 1979, 3182 of 1987, 4150 of 1992, 12520 of 1986 and 5791 of 1995.

2. These appeals by certificate under Article 133 arise from the judgment of the Full Bench of Allahabad High Court in Chandra Rani v. Vikram Singh {1979 All LJ 401 : (1979) 5 All LR 56}. The respondents laid the suits in the Courts of Small Causes for recovery of arrears of rent or for rent and possession from the appellants. On their committing default in payment of rent in pending suit, their defence was struck off under Order 15, Rule 5 of CPC as amended by U.P. Civil Laws (Reforms and Amendment) Act, 1976, U.P. Civil Laws (Amendment) Act 37 of 1972 and U.P. Civil Laws (Amendment) Presidents Act 19 of 1973. They challenged the vires of Order 15, Rule 5. On reference, the Full Bench held that it is not inconsistent with the CPC Central (Amendment) Act 104 of 1976 (for short "the Central Act") and is not void under Article 254(1) of the Constitution.

3. By U.P. Act 37 of 1972, Section 4 of the Provincial Small Cause Court Act was amended empowering the Court of Small Causes to decree suit for possession of immovable property and for recovery of arrears of rent or interest in such property. By U.P. Act 37 of 1972, brought on statute, Rule 5 of Order 15, stated thus :

"5. Striking off defence on failure to deposit admitted rent, etc.- (1) In any suit by a lessor for the eviction of a lessee after the determination of his lease and for the recovery from him of rent or compensation for use and occupation, the defendant shall, at or before the first hearing of the suit, deposit the entire amount admitted by him to be due together with interest thereon at the rate of nine per centum per annum and whether or not he admits any amount to be due, he shall throughout the continuation of the suit regularly deposit the monthly amount due within a week from the date of its accrual, and in the event of any default in making, the deposit of the entire amount admitted by him to be due or the monthly amount due as aforesaid, the court may subject to the provisions of sub-rule (2), strike off his defence.

Explanation 1.- The expression first hearing means the date for filing written statement or for hearing mentioned in the summons or where more than one of such dates are mentioned, the last of the dates mentioned.

Explanation 2.- The expression entire amount admitted by him to be due means the entire gross amount, whether as rent or compensation for use and occupation, calculated at the admitted rate of rent for the admitted period of arrears after making no other deduction except the taxes, if any, paid to a local authority in respect of the building on lessors account and the amount, if any, deposited in any court under Section 30 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

Explanation 3.- The expression monthly amount due means the amount due every month, whether as rent or compensation for use and occupation at the admitted rate of rent, after making no other deductions except the taxes, if any, paid to a local authority in respect of the building on lessors account.

(2) Before making an order for striking off defence, the court may consider any representation made by the defendant in that behalf provided such representation is made within 10 days, of the first hearing or, of the expiry of the week referred to in sub-section (1), as the case may be.

(3) The amount deposited under this rule may at any time be withdrawn by the plaintiff:

Provided that such withdrawal shall not have the effect of prejudicing any claim by the plaintiff disputing the correctness of the amount deposited :

Provided further that if the amount deposited includes any sums claimed by the depositor to be deductible on any account, the court may require the plaintiff to furnish security for such sum before he is allowed to withdraw the same."

4. Consequentially Order 50 Rule l(b) of CPC was suitably