( 1 ) THE petitioner in this Civil Revision Application is original defendant No. 2. The original plaintiff and original defendants Nos. 1 3 and 4 are the opponents in the Civil Revision Application. The plaintiff filed a summary suit being summary suit No. 55/1963 in the Court of Small Causes at Ahmedabad against the four defendants to recover a sum of Rs. 2000. 00. Thereafter a summons for judgment appears to have been taken out and on February 10 1964 the learned Judge of the Court of Small Causes passed an order granting conditional leave to defend to defendant No. 2 the present petitioner. The condition was that the second defendant should deposit the amount claimed in the suit within two weeks; and on such deposit being made the defendant was granted leave to defend. The present Civil Revision Application was filed on March 4 1964 against this conditional order passed by the learned Judge in the Court of Small Causes at Ahmedabad.

( 2 ) AFTER the Civil Revision Application was filed on March 5 1964 it was admitted and a rule returnable on March 30 1964 was directed to be issued. An ad interim stay in terms of para 4 (b) of the petition was also granted on March