( 1. ) THE plaintiff-non-applicant, Dr. Om Prakash Gupta, filed a suit in the court of District Judge, Gwalior, under Order 37 of the Code of Civil Procedure (hereinafter referred to as the Code), in which a claim of Rs. 34,000/- was made against the defendant-applicant. Within ten days from the service of the notice of the suit, under Sub-rule (3) of Rule 3 of Order 37 of the Code, the defendant entered appearance and sought leave to defend. Leave was granted to him by the trial Court on condition that he should deposit amount. The impugned order can be quoted conveniently as below : -

"ubhay PAKSHA PURVAVAT. WADDHAN VA KHARCHE KI MOUTBIR JAMANAT DENE PAR pratiwad1 KO BACHAV KARNE KA HAQ IS MAMLE KI paristhitiyon ME DENA NYAYOCHIT PAYA JATA HAI ATHAH jamanat PESH KARNE PAR YADOTTAR DT. 28-11-1983 KO PESH ho. UP ASTHITA JAN SOOCHIT HO. " Sd/- D. J. " aggrieved by this order, the defendant/petitioner has invoked the revisional jurisdiction of this Court under section 115 of the Code.

( 2. ) IT was contended by the learned counsel for the defendant/petitioner Shri R. D. Jain that the inpugned order is not a judicial order, it is also not a speaking order because no reasons ha