V. S. DESHPANDE, J.

( 1 ) WHEN must a court decide a case on merits and when must it not do so ? The difference between the two requires to be clearly explained by analysing the relevant provisions of Order IX and Order XVII of the Civil Procedure Code in this case.

( 2 ) THE respondent landlord filed a petition for eviction of the appellant-tenant under proviso (a) to section 14 (1) of the Delhi Rent Control Act, 1958 (hereinafter called the Act) on the ground that the tenant had been in arrears of rent and had failed to pay the same after a notice of demand had been sent to him. The tenant had previously also defaulted in payment of rent but the previous proceedings brought by the landlord against him for eviction did not result in his eviction because the tenant paid up the previous arrears of rent to the landlord getting the benefit of sub section (2) of Section 14 of the Act but the proviso to sub section (2) of Section 14 of the Act barred the tenant from claiming the same benefit in the second eviction proceedings lodged against the tenant for a second default in payment of rent. The tenant had therefore no apparent defence to the eviction proceedings brought against him by

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