SHYAM LAL VAID SHASTRI Vs. MADAN LAL

JUDGEMENT

(1.) THIS appeal is against an order of the Civil Judge of Saharanpur made in respect of certain objections which purported to have been filed under Section 47 Code of Civil Procedure in Execution Case No. 41 of 1952.

(2.) MUKHIA Shyam Lal had obtained a decree for a sum of Rs. 24,979 -120 against the objector Madan Lal from the court of the Civil Judge of Mathura in suit No. 29 of 1950. The decretal amount was to be realised by the sale of mortgaged property which had been specified in the decree. The properties which were the subject of the mortgage decree were partly zamindari properties and partly house properties. The decree was put into execution at Saharanpur after the decree had been transferred for execution from Mathura to Saharanpur.

(3.) THE court below repelled the first contention of the objector, namely that the decree could only be proceeded with against compensation bonds for a partial execution. But in regard to the second contention, the court below took the view that execution had to be stayed in view of the provisions of the rule quoted above. The question which we have to determine in this appeal a question which was not clearly put forward in the court below, was whether the stay could continue to block the way of the decree holder in obtaining satisfaction of his decree -such satisfaction as the law permits him -after intervention of the circumstances which we shall presently state.