ORDER: This is a civil revision application arising out of an order of the Dist. Court, Sholapur, and the point that arises for determination is as to what is the meaning of the words "on the first day of hearing of the suit" in S. 12, sub-s. (3), Cl. (b) of the Bombay Rent Act, which provides that if the tenant pays on or before such date the rent in arrears and continues to pay subsequent rent regularly, he will not be liable to face eviction.

(2) Now, a few facts are that in the suit for ejectment the date mentioned in the summons as the returnable date was 2-2-1955. Nothing was done on that date and the matter was adjourned to 16-3-1955. On that date it was adjourned for the defendants written statement, which appears to have been filed on 23-4-1955, On 4-10-1955 — ignoring an interlude of an exparte order being passed and set aside — the issues were settled. The rent had been paid by the defendant before the 4th of October 1955.

(3) Now, the words "the first day of hearing of the suit" do not appear in any other local or Central Act. They do appear in a Punjab Act in the Delhi and Ajmer-Merwara Rent Control Act, 1947, S. 9 (1) (a), proviso, which is also a Rent Act and, therefore, may be said to be comparable to the words in S. 12 (3) (b) of the Bombay Rent Act; but that by itself will give little assistance to the determination of the true meaning of the words unless we follow the decision of the Punjab High Court in Hiralal v. Gian Singh and Co., AIR 1951 Punj 441, in which that High Court held that the "first day of hearing" is the day on which you answer the summons. I will consider that case later, for" in the first instance I think it is important for the Court to apply its mind to the words used and to see what legitimate meaning can be given to the words as used and not some similar words.

(4) For the purpose of hearing of Rent Act suits, the Civil Procedure Code has been made applicable; but it does not follow therefrom that for the purpose of interpretation of any provisions of sections in the Act the Civil Procedure Code is necessarily relevant. Nonetheless, perhaps that Code is the only repository of phrases which contain the word "hearing" with or without other words pre ceding or following it and it may throw light on the true meaning of the words which I have to interpret. propose, therefore, to consider various Orders of the Civil Procedure Code in which these words appear. Order IV provides that a suit shall be instituted by presenting a plaint to the Court. Order V, R. I of the Code provides that after a suit is duly filed a summons is to be issued to the defendant to appear and answer the claim. Rule 5 then says that the Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit, and the summons shall contain a direction accordingly. Obviously, therefore, the first summons to appear and answer may, at the discretion of the Court, be for the settlement of issues only or it may be for the final disposal of the suit. Then Rule 7 says that the summons to appear and answer shall order the defendant to produce all documents which he intends to rely upon in support of his case. Rule 8 then provides that where the summons is for final disposal of the suit, it shall direct the defendant to produce "on the day fixed for his appearance" all witnesses upon whoso evidence he wishes to rely. Then O. VIII, R. 1, provides that the defendant may file a written statement at or before the "first hearing" or within such time as the Court may permit. Then O. IX, R. 1, provides what is to happen on the day fixed in the summons to appear and answer and that is "and the suit shall then be heard unless the hearing is adjourned to a future day". Then under O. XII, R. 4, it is provided that any party may call upon any other party to admit facts by notice in writing at any time not later than nine days before "the day fixed for the hearing".

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