( 1 ) A tenant whose Civil Revision Application No. 1 of 1979 against the order dated 21/11/1978 passed by the trial Court in Civil Miscellaneous Application No. 15 of 1977 dismissing the fresh application for fixation of the standard rent was dismissed by the District Judge Junagadh by his order dated 4/07/1981 holding that the said fresh application was not maintainable has come in revision before this Court raising an interesting contention namelyis a fresh application for fixation of standard rent on the same cause of action maintainable even though the previous application: for fixation of standard rent is dismissed for default under Order 9 Rule 8 of the Civil Procedure Code and no application for setting the dismissal aside as contemplated under Order 9 Rule 9 of the Civil Procedure Code has been filed ?some of the undisputed facts in the present case are that the landlord had served a notice dated 26/12/1972 on the tenant. The tenant had given a reply dated 17/01/1973 and had raised the dispute regarding the standard rent. The tenant thereafter had filed Civil Misc. Application No. 13 of 1973 for fixation of standard rent. The rent up to 31/01/1977 was deposit