If the legisla ture had intended that the tenant in a pending suit would be entitled to make an application under section 17(2A) within one month of the date of promulgation of the Ordinance, it would have expressly provided for the same as it has done in other cases covered by section 17B and 17D." Having regard to the reasons given by the Trial Court and the High Court for striking out the defence of the appellant and the inapplicability of Section 17(4) to the case, two questions fall for consideration, viz. (1) whether the appellant was not entitled to the benefit of Section 17(2A)(b) of the Act since the application under the subsec tion had not been filed within one month from the date of service of the writ of summons and (2) whether in any even the delayed payment of rent for the months of September 1968 and March 1969 necessarily warranted the striking out of the defence.