KHEMCHAND RAJMAL Vs. RAMBABU JOHRIMAL

JUDGEMENT

(1.) FACTS giving rise to the present petition are as follows:

(2.) NON-APPLICANT Rambabu obtained an ex parte decree for money against the petitioner Messrs. Khemchand Rajmal through Proprietor Rajmai. The decree was transferred by the Delhi Court to the Court of Civil Judge, Indore within whose jurisdiction the judgment-debtor carried on business. An application was thereupon submitted on behalf of the applicant judgment-debtor under Order 21, rule 29 and Section 151 of the Code of Civil Procedure for stay of execution alleging that prior to the filing of the present execution petition by the non-applicant Rambabu, he had filed Civil Suit No. 40 of 1955 in that Court for accounts on the ground of his being the agent of the applicant which was pending and that according to the applicant's estimate he was entitled to recover Rs. 1362/- over and above the amount in execution.

(3.) THE trial Court rejected the application on the ground that no sufficient cause had been shown for exercising the discretion in favour of the applicant. The present revision petition is directed against that order.