N.L.Untwalia, J.

1. This is an application in revision by the defendants and is directed from the order dated 23-11-1968 of the Court below, whereby it has directed the petitioners to deposit arrears of rent from August, 1965 at the rate of Rupees 237/50 within 15 days of the date of the order. They were further directed to pay subsequent rent month by month by the 15th day of the following month, failing which their defence as against ejectment was to be struck out. When this revision was admitted on 5-12-1968, further proceedings in the title suit were stayed. If I were to take a very strict view of the matter, the petitioners will find themselves in default. The operation of the order under revision was not staved, what was staved was the further proceedings. Strictly speaking, therefore, the petitioners could be held to be in default for non-compliance with the order of the court below. But then justice requires that such a technically strict view should not be taken and I shall, therefore, while finally dismissing the civil revision, as it has to be dismissed for the reasons to be stated hereinafter, substitute the said order by a new order.

2. The petitioners resisted