1. This Rule is directed against an order, passed by the 2nd Additional Munsif at Alipore, directing that the Defense of the tenant petitioner against the claim for delivery of possession be struck out, under the provisions of section 17 (3) of the West Bengal Premises Tenancy Act. Admittedly, the defendant petitioner was a monthly tenant, under the plaintiff opposite party, in respect of a portion of premises No 113, Circular Garden Reach Road, at a monthly rent of Rs. 10. Alleging that the defendant was a defaulter in payment of rent since March, 1956, the plaintiff opposite party filed the suit, out of which this Rule arises, after service of usual notice to quit claiming eviction of the defendants from the premises in suit. It appears that the suit was filed on September 3, 1956 and the following order was recorded on that date: "register. Issue summons to defendant fixing 6. 11. 56 for ascertaining if the suit would be contested. " the next order is dated November 6, 1956 and it is to the following effect:

"summons served. Plaintiff files hazirah. Defendant appears and prays for time to file written statement. To 21. 11. 56 for filing the same and for orders. . . . . "