By the Court—A learned Judge of this Court after noticing that there was an apparent conflict in the view taken by this Court in Basant Kumar Chauhan v. VIIth ADJ, 1994 (1) ARC 107 and Pawan Kumar v. Ram Saran, 1999 (2) ACJ 1276 with that of the view taken by this Court in Habiburrahman v. District Judge & Ors., 2000 (1) ARC 4 and Ratan Bhushan Shukla v. ADJ, 1989 (2) ARC 54 has referred the following question for decision by a larger Bench :

“ Whether the deposit made under Section 30(1) of U.P. Act No. 13 of 1972 after the date of service of summons of a civil suit for arrears of rent can be taken into consideration for computing the deposit for the purpose of deciding the question whether the defence should or should not be struck off under Order XV, Rule 5, C.P.C.?”

2. This writ petition has been filed for quashing the order dated 22nd March, 1999 passed by the Judge, Small Causes Court, Allahabad by which the application filed by the landlord for striking off the defence of the petitioner-tenant was allowed and the order dated 22nd August, 2001 passed by the Additional District Judge, Allahabad by which the Revision filed by the tenant against the aforesaid order dated 2