A.H. Joshi, J.–Rule, Rule is made returnable forthwith and is heard by consent.

2. The petitioner herein is the defendant in Special Civil Suit No. 72/2005/B. It is a suit for possession on the ground that the tenure of licence based on which the premises were occupied by the defendant has come to an end.

3. Plaintiff filed an application under Order XV-A of CPC. The defendant did not file reply to this application. After hearing, learned Trial Court passed order on 29.11.2005, operative part whereof reads as follows :

"It is therefore, this Application is granted under the provision of Order XV-A of CPC and the defendant is directed to deposit the arrears of licence fees at the rate of Rs. 23,000/- per month due from October, 2004, till date of Order and further to continue to deposit the licence fee per month till the date of disposal of the suit".

(Quoted from order dated 29.11.2005 at page 89-A of paper book)

4. It is a matter of record that the deposit of Rs. 23,000/- per month from October, 2004 was not done as directed by the Trial Court.

5. The plaintiff filed an application for striking off defence i.e. Exh. 14. The defendant/petitioner filed an application for modificat