ARIHANT INDUSTRIES Vs. SONAI CONSTRUCTIONS PRIVATE LIMITED

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India assails the legality and correctness of order dtd. 7/9/2010 passed below Exh.5 in Misc. Civil Application No.45 of 2010, by which learned 16 th Additional Senior Civil Judge, Vadodara stayed the money decree passed under Order 37 of the Code of Civil Procedure.

(2.) The petitioner-original plaintiff filed Summary Suit for recovery of amount. Despite the service of summons under Rule 2 of Order 37, the respondent-defendant failed to raise their defense and accordingly, the ex-parte decree passed against the respondent. The respondent- defendant filed an application being CMA No.45 of 2010, invoking the provision of Order 37 Rule 4, 7 read with Sec. 151 and 94 of the Code, to set aside the ex-parte decree. The respondent-defendant along with the said application also filed application Exh.5, seeking stay against the execution of the decree. Learned Court below after hearing the parties, stayed the decree by allowing the application Exh.5.

(3.) Being aggrieved with the impugned order staying the decree, the original plaintiff-petitioner herein has come up before this Court, invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India.