ALI MOHAMMAD Vs. DEVI SHANKAR

JUDGEMENT

(1.) Learned counsel for the petitioner submits that his application under Section 9 Rule 13 for setting aside exparte decree is pending and therefore he had moved an application under Section 151 of CPC for staying the execution under the inherent powers.

(2.) He has placed reliance on the judgment of this Court in case of Laxmi Vastralay Vs. Oswal Agencies as reported in 1983 WM 668 (Note 450).

(3.) In view of such submissions, this petition is disposed of with a direction that the execution of the decree shall remain stayed till the decision on application under Section 9 Rule 13 but it is directed that petitioner shall not delay the proceedings in relation to setting aside of exparte judgment and decree and he shall not be entitled to any adjournment and shall cooperate to this Court for early disposal of this case.