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 recove