Short Note : 1. The non-applicant has filed the suit against the application for eviction only under section 12 (1) (a) of the M. P. Accommodation Control Act. The applicant was served with the summons of the suit on 4-3-75 and he deposited the entire arrears of rent which was due on 4-4-75. The trial Court, however, held that the deposit was made late by one day and hence the application of the applicant for dismissing the suit under section 12 (3) of the M P. Accommodation Control Act could not be allowed. Against the said order the applicant has come to this Court in revision. Held : When the writ of summons was served on the applicant on 4-3-75 that day ought to have been excluded in computing the period of one month. Thus the period of one month has to be calculated from 5-3-75 and as the deposit was made on 4-4-75 it must be held that the requirement of section 13 (1) was complied with. The trial Court, therefore, erred in law in holding that the deposit of the arrears of rent due was made late by one day. 2. It is not clear as to whether the applicant has complied with the requirement of the latter part of section 13(1) of the M. P. Accommodation Control Act, by continuing to depositor pay the rent which became due month by month by the 15th of each succeeding mouth and hence the wit cannot be dismissed at this stage. It is, therefore, for the trial court to consider this aspect of the matter and to dispose of the case in accordance with law. Revision party allowed.