GUMAM MAL LODHA, J.—This is a civil revision against the order dated 20.1.82 passed by Civil Judge, Ajmer, in Civil Suit No. 53/81.

2. Mr. Sorals contention is that in a suit under Order 37 Rule 1 and 2 C. P. C, once the court comes to the conclusion that the issues raised by defence were triable and there was no finding of malafide or the defence being frivolous, then the court could not impose the condition of surety for permitting the defendant to defend the case. According to Mr. Soral this principle has been laid down in M/s. Mechalec Engineers & Manufacturers Vs. M/s. Basic Equipment Corporation (1).

3. Mr. Rastogi has raised many points. His first contention is that the suit has been decreed and the revision petition has become infructuous. In reply to it is Mr. Soral has referred to the judgment of Delhi High Court in Siri Kirshan Bardwaj Vs. Manohar Lal Gupta (2) in which it has been held that once the earlier order falls then the latter order must also fall and the decree would automatically be set aside.

4. Mr. Rastogis contention is that the trial court has not held that the suit is triable, that the defence raises the triable issues and further that no revision can be ent

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