( 1 ) THIS is a petition for revision under S. 115 of the Civil P. C. against the order of the learned Additional District Judge, Delhi dated 9-2-1978 where by the learned trial court held that S. 1 of the Code is not applicable to the fact of the case but in the exercise of the inherent jurisdiction of the court, the trial court, however, stayed the present suit on the condition that the defendant Nos. 1 to 5 should deposit in court for the period in dispute part of the amount claimed in the present suit @ Rs. 371. 00. per month and should furnish sure bond for the balance amount claimed the suit.

( 2 ) THE present revision petition has been filed on behalf of defendants 1, 2 and 4 and it is contended that on the facts of the case S. 10 of the Code of Civil Procedure was applicable, and, therefore, the trial court should have stayed the suit and had no jurisdiction to impose any conditions while staying the suit.

( 3 ) THE plaintiffs had filed the present suit out of which the present revision arises for the recovery of Rs. 34,200. 00 as arrears of mesne profits for the period 1-4-1974 to 31-3-1977. The mesne profits were claimed @ Rs. 950. 00 per month against the