- (1.) The question which arises in this revision petition is as to whether an order passed under S. 13(5) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short '1950 Act') striking out defence of a tenant on account of non-compliance of an order passed under S. 13 (3) or of S. 13(4), applies to the ground of default alone or to all other grounds specified under S. 13(1) (b) to (1)
(2.) Shri Keshote, learned counsel for the petitioners has argued that the decision of this Court in Inder Chand v. Lilawati,1990 2 RLR 1, wherein view contrary to the earlier decision of this Court in Deshraj v. Om Prakash & Ann,1987 1 RLR 244 has been taken, deserves to be reconsidered and therefore the question may be referred for adjudication by a larger bench. Shri S.C. Gupta, learned counsel for the non-petitioners has, on the other hand, submitted that the decision in Inder Prakash's case (supra) is based on a decision of the Supreme Court and therefore, the point must be treated as concluded and there is no need of determination of the point by a larger bench.
(3.) Having regard to the importance of the question, notice was given to the learned members of Bar to make their submissions on the question but as is usual, the notice has been responded very poorly by the learned members of the Bar. Only S/Shri G.C. Lunia, M.M. Ranjan and L.L. Gupta came forward to make their submissions.;