KAILASH BAI PATEL Vs. VIJAY KUMAR JAISWAL

JUDGEMENT

(1.) THIS petition is directed against the order dated 27-6-2006 passed in MJC no. 14/2005 by the 5th Civil Judge, Class II, Jabalpur whereby he has rejected the petitioner's application under Order 21 Rule 29 read with Section 151 of the code of Civil Procedure (in short "the Code" ).

(2.) AN exparte decree has been passed against the petitioner, who has filed an application under Order 9 Rule 13 of the Code for setting aside the same. The application is pending for adjudication in the Court of 3rd Civil Judge, Class II, jabalpur. As the execution proceedings of the ex parte decree are also pending in the same Court, the petitioner filed an application under Order 21 Rule 29 read with Section 151 of the Code for staying the execution proceedings till the decision of the application for setting aside the ex parte decree. The Court below by the impugned order has held that the provisions of Order 21 Rule 29 of the code were applicable only when a suit is pending against the holder of a decree and since no such suit is pending it rejected the application as not maintainable.

(3.) THE view taken by the Court below is legal and proper. Whatever it may be, the petitioner can, however, file a separate application under Section 151 of the Code for staying the execution proceedings.