V.R. Newaskar, J.

1. This revision petition (No. 38 of 1960) is directed against the order passed by the IInd Additional District Judge Indore striking off the defence of the Petitioner (Defendant No. 1 Nathulal) in exercise of his power under Section 151 Code of Code of Civil Procedure under the following circumstances.

2. The Plaintiffs brought the present suit against the Petitioner Nathulal Gopilal and others for enforcement of an anomalous mort gage executed by Defendant No. 1 in favonr of the Ramanand Trust of which Plaintiffs claim to be the trustees. The mortgage was for a consideration of Rs. 28-0-0 and the principal amount was liable to be paid with interest at 9 per annum in three years. The mortgagor Defendant No. 1 had executed a rent-note agreeing to pay rent at Rs. 210 per month for his occupation of the suit premises as a tenant of the mortgagee. The grievance of the Plaintiffs in the suit was that the Defendant No. 1 though in occupation failed to pay rent for a long time and considerable arrears had accumulated. The Plaintiffs after filing the suit therefore applied for appointment of a receiver. The Defendant No. 1 was called upon to show cause against such ap