Anjani Kumar, J.—By means of this writ petition petitioner-tenant has challenged the order passed by the revisional court dated 7.7.2004 whereby the revisional court has affirmed the order passed by the trial court dated 3.12.2003.

2. The facts leading to filing of this writ petition are that the respondent-landlord filed a suit against the petitioner-tenant for arrears or rent and ejectment. The tenant contested the aforesaid suit. The respondent-landlord filed an application 18C under Order XV, Rule 5 of the Code of Civil Procedure with the prayer that since the tenant has not complied with the provisions of Order XV, Rule 5 of the Code of Civil Procedure, his defence may be struck off. The petitioner-tenant filed objection 19C to the aforesaid 18C denying the allegations made in the application 18C that the provisions of Order XV, Rule 5 of the Code of Civil

Procedure as amended in the State of U.P. which are reproduced below :

Order XV Rule 5

“5. Striking off defence for failure to deposit admitted rent, etc.—(1) In any suit by a lessor for the eviction of a lessee after the determination of his lease and for the recovery from him of rent or compensation for use and occu