M. P. Saxena, J.

1. THIS is a defendant's revision under section 115, CPC against the judgment and order dated 17- 12-75 passed by the Second Additional District Judge, Gorakhpur.

2. BRIEFLY stated the facts giving rise to this revision application are that the plaintiff opposite party filed a suit in the court of the Munsif, Gorakhpur for ejectment of the defendant-revisionist from the premises in suit and for the recovery of arrears of rent. During the pendency of the suit the U. P. Civil Laws (Amendment) Act, 1972, came into force and the suit was transferred to the Small Cause Court on 27-2-1973. On 7-4-1973 the parties appeared before that Court and 16-5-1973 was fixed for final hearing. Under the amended Order 15, Rule 5, CPC the defendant was required to deposit the entire arrears of rent and damages admitted by him by the first hearing after the said amendment. The defendant failed to do so, and on 9-8-73 the plaintiff moved an application, 30 -C, for striking off his defence. 25-8-73 was fixed for its disposal. Ultimately it was taken up on 2-11-1973 when the written statement was struck off under Order 15 Rule 5 CPC and 18- 12-73 and thereafter 29-1-74 were fixed