RAJ KUMAR SINGH Vs. SMT. SHAKUNTALA DEVI

JUDGEMENT

(1.) DEFENDANT -revisionist Raj Kumar Singh (tenant) has filed this revision under Section 25 of the Provincial Small Cause Courts Act (hereinafter referred to as the Act) for setting aside the order dated 2.3.1990 of the Addl. District Judge, Agra dismissing the application of the revisionist under Order 9, Rule 13 C.P.C. read with Section 17 of the Act. Parties have exchanged affidavits.

(2.) ON 30.5.1989 the defendant -revisionist moved an application under Order XLI Rule 5 C.P.C. before the same court for staying the execution and to allow him to bring stay order from the High Court on its reopening in July 1989.

(3.) AS already mentioned, the application moved under Order IX, Rule 13 C.P.C. on being traced out in the office was placed before the Court on 18.7.1989. The Court ordered that the decretal amount having been deposited by the judgment debtor, the execution of the decree shall continue to remain stayed.