( 1 ) THESE two Civil Revision Petitions arising out of a common order in two interlocutory applications in O. S. No. 647 of 1996 on the file of the Court of the V Senior Civil Judge, City Civil Court, Hyderabad are heard together and decided by this common order:

( 2 ) THE defendant, who is the petitioner in the said two Interlocutory applications, is the Petitioner in both the Revision Petitions. For the sake of convenience the parties shall be referred as they were arrayed in the suit.

( 3 ) THE facts which are not in dispute are as follows;the plaintiff who is the respondent herein filed OS No. 674 of 1996 as a summary suit for recovery of Rs. 18,46,813. 36 Ps alleged to be due from the defendant. The defendant filed I. A. No. 1139 of 1996 seeking leave to defend the suit. The said application was allowed by order dated 4-11-1997 subject to the condition of depositing Rs. 6,80,741. 42 Ps within six weeks. Aggrieved by the said order the defendant filed CRP No. 349 of 1998 but the same was dismissed on 19-6-1998 directing the defendant to deposit the amount within sixty days. However, the defendant failed to deposit the amount within the time granted and consequently I. A. No. 1139 of 1996 was dismissed on 10-11-1998. In the meanwhile the defendant filed review CMP No. 20238 of 1998 seeking review of the order of this Court in CRP No. 349 of 1998 by permitting him to deposit the original title deeds of immovable property as security instead of depositing Rs. 6,80,741. 42 Ps to the credit of the suit. The said review petition was dismissed by this Court by order dated 31-12-1998, however, this Court granted time till 21-1-1999 to comply with the earlier order to deposit the amount. In compliance with the said order the defendant deposited the amount by way of demand draft dated 12-1-1999 vide memo dated 18-1-1999. He also filed IA No. 1221 of 1999 to receive the demand draft and the same was allowed on 27-1-2000. Thereafter on 5-4-2000 a notice was issued to the defendant by the Court below to get the demand draft revalidated on or before 10-4-2000. At the request of the defendant the Court below extended the time from time to time till 23-6-2000. At that stage the defendant filed IA No. 997 of 2000 to accept the Bank guarantee for Rs. 6,80,742. 00in lieu of depositing the amount as per the order dated 4-11-1997 in IA No. 1139 of 1996. The defendant also filed IA No. 998 of 2000 to modify the order dated 4-11-1997 in I. A. No. 1139 of 1996 directing deposit of Rs. 6,80,741. 42 Ps to the credit of the suit by receiving bank guarantee No. 2000005 issued by SBI Nungambakam Branch, Chennai for the same amount. In the affidavit filed in support of the said applications the petitioner-defendant stated that as per the notice received by them from the Court the demand draft deposited by them was returned by the Accounts Section of the Court on the ground that it was out of date. In the circumstances the defendant was asked to get the demand draft renewed. When they presented the demand draft for revalidation their Banker informed that revalidation is not possible since the Demand Draft was obtained from them availing credit facility subject to payment of high interest and a sum of about Rs. 30. 00 lakhs was outstanding for the past 1 1/2 years. In the circumstances the Bank cancelled the demand draft and appropriated the proceeds of the same towards the arrears outstanding to their credit as per the Rules of the Bank. However, the bank has agreed to issue bank guarantee for the same amount of Rs. 6,80,742. 00 as an alternative measure. While producing the said bank guarantee the defendant filed the aforesaid two applications seeking permission of the Court to modify the earlier order suitably and to accept the bank guarantee.

( 4 ) THE said applications were contested by the plaintiff by filing a detailed counter. The Court below by order dated 19-7-2000 dismissed both the applications holding that the reliefs sought by