Short Note : The applicant-tenant was served with the summons on 24-8-1974. He appeared in the Court on 2-9-1973. He could not deposit the arrears of rent within one month of service of writ of summons, as required by section 13(1) of the Act, but deposited the same i.e. Rs. 1,400/- on 23-11-1978. On 22-1-1979 the landlord non-applicant moved an application for striking out the defence, since the applicant tenant in reply moved an application for extending time till the date of deposit, which the Court could do under section 13(1) of the Act, The applicant-tenant said that the arrears had accumulated due to the landlord refusing a Bank Draft for Rs.800/- sent earlier. 2. The Trial Court refused to condone the delay and extended the time. It struck out the defence of the applicant. Held: It has been repeatedly said by this Court that the order striking out the defence should not normally be passed if the rent has already been deposited. Striking out the defence is an extreme step which is to be resorted to only in case of mala fides or contumacy. Such not being the position in the present case, the Court has exercised its discretion in striking out the defence with material irregularity, Order set aside. Revision allowed.