JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.:—Rule, returnable forthwith. Respondents waive service. By consent, taken up for hearing and final disposal.

2. On 14th February, 2002 the respondent instituted a suit in the Court of small causes at Pune against the petitioner for the recovery of arrears of rent and for possession of immovable property bearing Block No. 1 situated on the ground floor of a bungalow on plot No. 94 of Shri Shivaji Co-op. Housing Society, Off Senapati Bapat Road, Pune. The summons in the suit was served on 4th March, 2002. The date fixed for filing the written statement in the suit was 9th July, 2002. On that date, the trial Judge passed an order of "no written statement" and directed that the suit shall proceed without a written statement. The suit was adjourned to 23rd July, 2002. On 24th July, 2002 an application was filed on behalf of the petitioner for setting aside the no written statement order that had been passed on 9th July, 2002. The respondent objected to the application in a reply dated 3rd September, 2002. By the impugned order dated 22nd January, 2003, the trial Judge dismissed the application. The learned trial Judge held that upon the amendment eff

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