MADANLAL AGARWAL Vs. KAMLESH NIGAM

JUDGEMENT

(1.) THIS case was refer-red by a Single Bench to consider the question whether during the pendency of a stay order passed by the High Court in a Civil Revision, the trial Court could Pass an order of attachment before judgment under Order 38, Rule 5 of the Code of Civil Procedure.

(2.) THE facts leading to the present reference are as follows. The respondent is the land-lady and the petitioner is her tenant. The respondent filed a suit for eviction and for recovery of arrears of rent, which is registered as Civil Suit No. 210-A of 1970. The trial Judge passed an order, dated 16-2-1971, striking out the defence of the present petitioner on the ground mentioned in Section 13 (2) read with Section 13 (6) of the M. P. Accommodation Control Act, 1961. Against that order, the defendant filed a revision in this Court, which was registered as Civil Revision No. 312 of 1971. This Court, by its order, dated 24-9-1971, allowed the revision and remanded the case to the trial Court for a fresh decision on the question of striking out the defence.

(3.) THEREAFTER, the trial Judge passed an order, dated 7-1-1972, in pursuance of the remand order and again ordered the defence to be struck out. Against that order, the defendant filed Civil Revision No. 49 of 1972. This Court passed an interim stay order, dated 21-1-1972, in the following words: 'meanwhile, further proceedings in the trial Court shall be staved'. The said Revision was ultimately allowed by this Court by order, dated 19-4-1972. By the said order, this Court remanded the case for a fresh decision after giving the defendant an opportunity to have his say. In the meantime the tenant vacated the premises.