G KALIYAPERUMAL Vs. V ANNAMALAI MUDALIAR

JUDGEMENT

(1.) THIS civil miscellaneous second appeal is against the order of the learned additional subordinate judge, cuddalore, in c.m.a.no.47 of 1991, dated 31.1.1992, which appeal was filed against the order dated 11.4.1991 in unnumbered execution application in o.s.no.507 of 1973 by the learned district munsif, cuddalore, rejecting the execution application filed by the appellant herein under sec.20 of act iv of 1938, as amended by act viii of 1973.

(2.) SEC.20 of act iv of 1938, which is the relevant SECtion for the purpose of deciding the dispute as follows:

(3.) IN this state of law, it is rather unfortunate that the learned District Munsif rejected the application without even numbering the same with a laconic order stating that he does not find any reason to stay the proceedings. I need hardly to state that orders of this kind have been deprecated in several proceedings by the Apex Court and also by this Court. It is fundamental that whatever the order, it must contain the reasons therefor so as to enable the Court in appeal to understand why the application has been rejected and the order is tenable.