RAGLIVENDER RAO Vs. BOTLAGUNTS LAXMINARASAYYA

JUDGEMENT

(1.) The petitioner- plaintiff has presented this petition under S. 115 of the Code of Civil Procedure against the order dated 28th of April 1958, passed the Munsiff-Magistrate of Raichur in Case No. 11/2 of 1958 on his file.

(2.) The facts leading up to this petition may shortly he stated as follows:

(3.) The respondent - defendant obtained a money decree against he petitioner-of on 10th July 1957 in O. S. No. 237 of 1956 in the Court of the District Munsiff of Kavali of Andhra Pradesh. Since the petitioner - plaintiff resided within the jurisdiction of the Raichur Court , the decree-holder got the decree transferred to Raichur Court and started execution proceedings by a petition dated 11th April 1958. The petitioner-plaintiff than on 12.4.1958, filed a suit No. 11/2 of 1958 in the Court of the Munsif-Magistrate of Raichur for a declaration that the ex-parte decree obtained by the respondent -defendant against him was null and void and not execution of the decree until the decision of his suit pending in that Court . Though the plaintiff -petitioner did not specifically mention in the said persons the provisions of law under which it was made, it was however made clear during the course of arguments that it had been filed under Rule 29 of Order XXI of the code of Civil Procedure. The respondent- decree-holder objected to the stay of execution and contended inter alia that the Raichur Court was not competent to stay the execution of the decree under Rule 29 Order XXI C.P.C. The learned Munsiff-Magistrate of RaIchur upheld the objections of the decree-holder and refused to stay the execution of the decree , dismissing the application. It is against this order that the present revision petition has been preferred.