SAT PRASHAN SINGH Vs. SHRIMATI CHAMPA DEVI

JUDGEMENT

(1.) THIS is an application under Order 41, Ruled, C. P. C, for the stay of the sale of a certain immovable property in the execution of the decree which is under appeal in this Court. Order 41, Rule 6(2) C. P. C., provides as follows:

(2.) THE law, therefore, contemplates that an application should ordinarily be made . to the court which has made the order The remedy for stay being thus available by means of an application to the court below, it is but proper and expedient that the work of this Court should not be increased by such application.

(3.) I reject this application. The applicant shall be at liberty to make an application under Order 41. Rule 6(2), C.P.C., in the court below. If such an application is made. it shall be judicially considered and decided.