Prabha Shankar Mishra, J.

1. This application was admitted to hearing on 22-7-1985 and ordered to be placed before an appropriate Bench for the said purpose on 12-8-1985

2. When this case, however, was placed for the hearing, a contention was raised that although the suit filed by the opposite party was tried in accordance with the special procedure prescribed Under Sec.14 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act), since it was decided on contest after the Court granted permission to the tenants-petitioner therefore, the application should be treated as a first appeal, yet another contention was raised based on the language used in Section 14 (2) of the Act, that a suit for the recovery of possession of any premises on the ground specified in Clause (c) or (d) of Sub-section (1) of Sec.11 of the Act, be taken up for hearing in accordance with the procedure in Sec.14 of the Act, summons must issue in the prescribed form in every such suit. The word prescribed has been defined in Sec.2 (g) of the Act to mean, prescribed by rule. Since no rule has been prescribed, nor a notice contemplated in Sub-section (2) of Sec.