1. This application has been filed by the tenant-defendant of Title Suit No. 156 of 1967. The application is directed against an order, dated the 23rd December 1970, by which the defence of the defendant has been struck off.

2. The plaintiff-opposite party instituted the suit in question for the eviction of the defendant from a portion of Holding No. 73, Ward No. 15 of Dhanbad Municipality on the ground of default in payment of rent, breach of condition of tenancy and for personal necessity. By order, dated the 10th July 1968 passed under Sec.11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act 3 of 1947), the trial Court passed an order for deposit of arrears of rent for November 1966 to June 1968 and for deposit of rent thereafter. It is stated, that, the arrears were deposited in time and for rent for the months of January to April 1970 a Chalan was passed on the 14th February 1970 for Rs. 120/-. The money was, however, deposited on the 19th February. Then, the suit itself stood dismissed for default by order dated the 10th March 1970. The plaintiff had filed an application for restoring the suit to its original file and on the 29th August