R.N. Prasad, J.

This application in revision is directed against the order dated 23.1.1989 passed by Munsif, Bettiah in Title Suit No. of 1988.

2. The petitioner, who was plaintiff filed a suit for eviction in the court of Munsif on 16.4.1988 against the defendant-opposite party on the ground of personal necessity. The opposite party, who was defendant in the suit, appeared in the suit on 9.5.1988 and made a prayer for time to file a written statement. The prayer was allowed. Again on 16.6.1988 a petition for time was filed on behalf of the opposite party, which was allowed. On 18.7.1988 also time was allowed to the opposite party. On 4.8.1988 the opposite party filed a written statement and also filed an affidavit disclosing the ground of his defence. On 18.8.1988 the petitioner filed an application with a prayer to pass an order in terms of Section 14 (4) of the Bihar Buildings Lease, Rent and Eviction Control Act, 1982 as the opposite-party has failed to file an affidavit disclosing the ground of contest and to obtain leave of the court on the first date of appearance on 9.5.1988.

3. The court below after hearing the parties dismissed the application on the ground that the