( 1 ) THIS petition arises out of the order made by the II Addl. I Munsiff, mysore, on I. A. No. II in MC. No. 63 of 1972. The petitioner is the tenant while the respondent is the landlord of certain premises in Mysore City. ( 2 ) THE landlord obtained a decree for eviction in HRC. No. 282 of 1971. There, the tenant remained ex parte. When the landlord took execution of that decree in Ex. C. No. 556 of 1972, the tenant made an application in MC. No. 63 of 1972 praying for setting aside that ex parte decree and he also made an application, I. A. II praying for stay of further proceedings in ex. G. No. 556 of 1972 till the disposal of that Miscellaneous case. The learned Munsiff directed the tenant to deposit a sum of Rs. 3720 towards arrears of rent within one week from the date of his order (1-9- 1972) failing which, I. A. II would automatically stand dismissed. ( 3 ) AGAINST the order of the learned Munsiff on I. A. II, the tenant went up in appeal before the Civil Judge in Ex. A. No. 43 of 1972. The learned Civil Judge dismissed that appeal. ( 4 ) IN this Court, the tenant has since paid a sum of Rs. 2840 to Mr. B. T. Parthasarthy, learned Counsel appearing for the landlord, and has filed a memo to that effect. It is common ground that the tenant had paid an advance of Rs. 1000 to the landlord at the time when he (the tenant) occupied the premises. Mr. T. R. Subbanna, learned Council for the tenant, submitted that when the landlord claims arrears of rent, the tenant is entitled to claim deduction of the advance received by the landlord. ( 5 ) THE Supreme Court has deprecated the practice of Courts providing in conditional orders made by them that on non-fulfilment of conditions stated therein within the time stipulated therein such conditional orders should automatically cease to operate. The learned Munsiff should have taken up the case after the time fixed by him for the tenant depositing the arrears of rent, had expired and should have made an order either vacating the stay granted by him or extending the time for depositing the arrears of rent. The learned Munsiff should have taken up the case after the time fixed by him for the tenant depositing the arrears of rent, had expired and should have made an order either vacating the stay granted by him or extending the time for depositing the arrears of rent. Since the learned Munsiff provided in the interim order made by him that the stay granted by him should get vacated automatically if the arrears of rent were not paid by the tenant within the stipulated time, there was material irregularity of procedure which warrants interference in revision with his order. ( 6 ) ACCORDINGLY, this revision is allowed. The order of the learned munsiff dt. 1-9-1972 on I. A. II and the judgment of the learned Civil Judge in Ex. A. 43 of 1972 are hereby set aside. Consequently, the stay of proceedings in Ex. C. 556 of 1972 will revive and continue to operate until vacated or modified by the learned Munsiff. The learned Munsiff is direded to dispose of the Miscellaneous Casp in accordance with law. If the tenant does not deposit the rent that accrues hereafter, it will be open to the landlord to move the learned Munsiff for an appropriate order. ( 7 ) IN this petition, parties are directed to bear their own costs. --- *** --- .