( 1 ) BY means of this writ petition, the tenant-petitioner has challenged the order dated 7. 9. 83 passed by respondent No. 1 in S. C. C. Revision preferred by the landlord against the order of the trial court dated 11. 2. 1981.

( 2 ) DURING the pendency of suit filed by the respondent No. 2 against the petitioner for rent and ejectment, the respondent No. 2 moved an application for striking off the defence" of the petitioner for non-compliance of the provisions of Order XV. Rule 5 of the Civil Procedure code. The petitioner filed reply to the said application stating that since he has already deposited the entire rent due upto 31. 3. 81 under Section 30 (1) of U. P. Act No. XIII of 1972, petitioners application deserved rejection. The trial court rejected the said application of the respondent No. 2 by the order dated 11. 2. 81. Aggrieved by that order, the landlord-respondent No. 2 preferred revision and the same has been allowed by the respondent No. 1 under the impugned order and the petitioners defence has been struck off.

( 3 ) LEARNED counsel for the petitioner contended before this Court that the power to strike off the defence is discretionary and once the