This Revision Petition is directed against an order of the Additional City Civil Judge, Madras, directing conditional striking out of the defence to a suit. The suit is one for restitution of conjugal rights filed by. the respondent against her husband, the petitioner. Pending the suit interim maintenance was directed to be paid by the husband to the wife. There has been considerable default in the payment of interim maintenance ; but the order fixing the maintenance did not impose any penalty for default. When the arrears had accumulated to a substantial amount, the wife not merely applied for execution for the amount due, but also applied under section 151, Civil Procedure Code, to strike out her husband’s defence to the action. The learned Judge was evidently impressed with the plea taken on behalf of the husband that he could not find money Immediately to pay up all that was due. Some amount was got ready by the time the matter came up before the learned Judge and it was paid. He then passed the following order:

If the amount due up to this date for interim maintenance is not paid within a month from this date the defence will stand struck off............

The petitioner di