NAGENDRA RAI, J.

1. The petitioner (defendant No. 2) has filed the present revision application against the order dated 11-3-1986, passed by the Subordinate Judge, Bhagalpur, in T.S. No. 250/83, by which he has rejected the prayer of the petitioner to lead evidence and to cross-examine the plaintiffs witnesses even on issues not relating to the defendants against ejectment qua tenant after his defence has been struck off on account of non-payment of arrears of rent and current rent within the time granted by the Court under S. 15(1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act).

2. The facts giving rise to the present application are that the plaintiff (opposite party No. 1) filed a suit against the defendants including the petitioner for their eviction from the suit premises, for a declaration that the defendant first party is the tenant of the suit premises and the defendant second party sub-tenant of defendant first party and also for a decree for the arrears of rent and arrears of electrical charges amounting to Rupees 2,149.30p.

3. The plaintiffs case, in brief, is that the suit premises, described in Schedules