UNION OF INDIA Vs. SANJOY GOOPTU

JUDGEMENT

(1.) WHILE hearing an application for stay in connection with an appeal preferred against a money decree, a question of law has arisen as regards the applicability of Order XXVII to the provision of Order XLI Rule 1 sub-rule (3) of the Code of Civil Procedure.

(2.) IN the case before us, the Union of India has suffered a money decree and mr Roychowdhury, the learned senior advocate appearing on behalf of the appellant, has contended that we should not impose any condition of either depositing the decretal amount or giving security thereof for stay of the execution case till the disposal of the appeal in view of the provision contained in Order xxvii Rule 8a of the Code of Civil Procedure.

(3.) THE learned advocate appearing on behalf of the respondent has, however, opposed the aforesaid contention and has submitted that even in a case where the Union of India is the appellant, the Court has every right to ask the appellant to give security of the decretal amount.