( 1 ) THE petitioner is a tenant in respect of premises bearing No. 43/ 6 ground floor, Vth Main, Ganghinagar, Bangalore -9. The respondent who is the owner of the aforesaid premises has filed a suit SC No. 1603/2002 on the file of learned Chief Judge, Court of Small Causes, bangalore, for ejectment of the petitioner. In the said suit, the petitioner was served with summons on 28. 10. 2002 and the petitioner appeared before Court and sought for time to file written statement. The matter was posted to 7. 12. 2002 for filing of the written statement. On that day again a request was made for extension of time for filing written statement. It was granted and the case was adjourned to 18. 1. 2003 for filing of the written statement. On that day, again a request was made for grant of some time to file written statement. However, the learned Judge refused to grant the time for filing written statement. But the learned Judge did not proceed to pass a judgment and decree as contemplated under Order 8 Rule 10 CPC for not filing the written statement, but he adjourned the case for evidence to 17. 2. 2003. On 17. 2. 2003 the petitioner filed his written statement along with the app