( 1 ) IN this suit, which is for ejectment, I have already delivered a judgment striking out the defence against ejectment, as the defendants had not complied with an order made under Section 14 (4) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. Though the defence may have been struck out, the plaintiff has yet to prove its case before a decree can be passed in its favour, for the striking out of the defence does not amount to an admission by the defendants of the plaintiff's claim, Of course, I am now only concerned with that part of the plaintiff's claim which deals with the ejectment of the defendants. When the plaintiff proceeded to prove its claim for ejectment the defendants claimed to take part in the proceedings to oppose the decree for ejectment. In the present judgment, I propose to deal with the defendants' right to oppose the decree for ejectment

( 2 ) THE first ground on which the defendants pressed their claim is based on Ch. XIV, Rule 3 of the rules of the Original Side of this Court. That rule provides that "where the suit is heard ex parte against any defendant, such defendant may be allowed to cross-examine, in person, the p