H.L.Agrawal, J.

1. In this revision application by the defendant two questions have been raised; (i) as to whether in the circumstances of the present case, an application under Order 9, Rule 9 of the Code of Civil Procedure (hereinafter referred to as the Code) was maintainable and (ii) whether an earlier order passed under Sec.11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, would be automatically revived on the restoration of the suit.

2. Short facts giving rise to the present application are as follows. The plaintiff-opposite party filed a title suit in the Court of the Munsif at Patna for eviction of the petitioner on the ground of the default in payment of rent. Written statement was filed challenging the claim of the plaintiff by the petitioner and thereupon on the 9th September, 1970, an order under Sec.11-A of the Bihar Buildings (Lease, Rent and Eviction) Control Act was passed by the learned Additional Munsif directing the petitioner to deposit all the arrears of rent since Magh 1375 Fasali till Sawan of the current Fasali and to go on paying the current and future rents by the 15th day of each of the following month. On the 2nd July, 1971