KASLIWAL, J.

( 1 ) LEARNED single Judge, by order, dated Sept. 24, 1979, has referred this case to a larger Bench. The point on which the case has been referred is whether Section 5 of the Limitation Act applies to Proceedings under Section 13-A of the Rajasthan premises (Control of Rent and Eviction) Act, 1956 (hereinafter referred to as "the Act" ). While referring the above point learned single Judge has sent the entire case for decision by the larger Bench.

( 2 ) BEFORE dealing with the legal question raised in this reference, we would mention the facts of the case. The plaintiff-petitioners filed a suit for eviction against the defendant-non-petitioner on the ground of default in the payment of rent from Nov. 12. 1963 to Oct 20, 1964. The defendant deposited rent under Section 13-A of the Act No. 12 of 1965 and as such the said suit was dismissed. According to the plaintiffs the defendant again made defaults in the payment of rent from Nov. 4, 1970 to April 3, 1973 amounting to rupees 367. 00. as such the present suit for eviction was again filed on the ground of default. On May 29, 1973 the defendant moved an application under Sections 13 (4) and (5) of the Act and