Tarkeshwar Nath, J.

1. This application by defendant No. 1 is directed against an order passed under Section 11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, directing him and opposite party Nos. 2 and 3 to deposit a sum of Rs. 6,300/- as arrears of rent within a month and the current rent at the rate of Rs. 350/- per month by the first week of every month.

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2. Opposite party No. 1 (Plaintiff) filed a Title Suit No. 27 of 1968 on 29-2-1968 for the eviction of the petitioner and opposite party Nos. 2 and 3. On 20-4-1968 the plaintiff filed an application under Section 11A of the said Act for a direction to the defendants to deposit the arrears of rent and currentrent. None of the defendant had filed any written statement till that date (20-4-1968). Defendant No. 1 (the petitioner) filed a rejoinder on 26-4-1968 asserting that the said petition under Section 11A was premature inasmuch as he (defendant No. 1) had not even filed a written statement at that stage. He further contested the application, on other grounds, but it is not necessary to refer to those grounds. The learned Subordinate Judge passed an order directing the defendants to make the de