JUDGMENT Henderson, J. - This Rule has been obtained by the Plaintiff. He instituted the suit in order to recover house-rent of certain premises in Bhowanipur. The Defendant is the Assistant Head Master of the South Suburban School. Somehow or other he has pursuaded a Debt Settlement Board that he is an agriculturist. Notice was issued under sec. 34 of the Bengal Agricultural Debtors Act, and the Plaintiff's suit was stayed. The suit has been brought in the Small Cause Court of Sealdah. This Rule was applied for on the ground that this Court is not a Court within the definition of "Civil Court" in the Act. 2. The case is governed by the decision of a Division Bench of this Court in the case of Lilabati Devi v. Ayesha Khatun 46 C.W.N. 390 (1942). After that decision was pronounced, the Petitioner applied in the Court below that the order of adjournment might be vacated. The learned Judge rejected the prayer on the ground that the suit had abated, because of an award made by the Debt Settlement Board. 3. This provision for abatement is made by sec. 34 itself, which deals with stay and abatement of suits and proceedings in Civil Courts. The learned Judge has interpreted it to mean that "Civil Court" has one meaning for the purpose of stay and another for the purpose of abatement. There is of course nothing in the section to support any such distinction. 4. The Rule is made absolute, the order of the Lower Court is set aside and the learned Judge is directed to hear and determine the suit in accordance with law. The Defendant will pay the Petitioner's costs in this Rule,--hearing-fee, two gold mohurs.