SAMPATH Vs. KRISHNAMOORTHY

JUDGEMENT

(1.) THE revision petitioner/petitioner/defendant has filed this civil revision petition as against the order in E. A. No.--/2004 in O. E. P. No. 78 of 2004 in Arni sub Court O. S. No. 98 of 2002 dated 20. 12. 2004 passed by the Learned District munsif Polur, Tituvannamalai, in rejecting the stay application filed by the revision petition under Section 151 of the Civil Procedure Code pending disposal of Section 5 application of Limitation Act and the application filed under Order 9, Rule 13 of Civil Procedure Code.

(2.) THE Learned District Munsif while passing orders in E. A. No.-- of 2004 in o. E. P. No. 78 of 2004 dated 20. 12. 2004 has inter alia held that 'the suit has been decreed by the Sub-Court Arni and this Court is not only a transferee Court and therefore has no power to stay the execution proceedings and at the most the transferee court can stay the execution only for a reasonable time under Order 21, Rule 26 to enable the judgment debtor to apply to the transferor Court to grant the orders to stay the execution in the transferee Court. But it is not so in this case. What cannot be done under a specific provision cannot also be done under Section 151 of Civil Procedure Code' and resultantly, rejected the application.

(3.) THE learned counsel for the revision petitioner submits that the Court should have seen that the transferee Court as well as the transferor Court is possessed of jurisdiction under Order 21, Rule 26 of Civil Procedure Code and omission adhere to the ingredients of Order 21,rule 26 of Civil Procedure Code has resulted in an erroneous order being passed by the Executing Court which has to be set aside by this Court sitting in revision in the interest of justice.