Guha, J. - (1.) This application under Section 115, C. P. C. by a tenant defendant is directed against an order dated 26-7-52 under Section 14(4), West Bengal Premises Rent Control Act, 1950, in an ejectment suit brought against him by the plaintiff opposite party. In that suit the plaintiff made an application for directing the defendant "to deposit all arrears and current dues month by month as provided in Section 14(4) of the Act." This petition was disposed of by the lower Court after contest by the following order passed on 12-3-52 : "Parties are ready Heard both sides' lawyers regarding petition under Section 14(4) of the Act. Parties have filed a statement of account. It appears from it that Rs. 88/- is in arrears up to February 1952. Hence ordered that the defendant be directed to deposit Rs. 88/- within 15 days from the date. He is further directed to deposit rent at the rate of Rs. 16-8 per month from month to month to be deposited within 15 days of the month following for which the rent is due. Put up on 31-3-52 for orders."
(2.) It is to be noted that the order does not mention what is to happen in case of non-compliance with it. The defendant deposited the arrears of rent of Rs. 88/- in time and also the rents for the months from March 1952 to May 1952, but there was some delay in making the deposit for the month of March 1952 with the result that upon the prayer of the plaintiff the Court passed an order under Section 14(4) on 26-7-52 striking out the defence as against the claim for ejectment after rejecting the defence prayer for condoning the delay.
(3.) It is against this order dated 26-7-52 that the present petition is directed.;