ZOOLOGICAL SURVEY OF INDIA Vs. PISCEAN ENTERPRISES

JUDGEMENT

(1.) WHILE hearing an application for stay of a money decree suffered by the appellants, a question of law has arisen as regards the applicability of Order XXVII to the provision of order XLI Rule 1 of Subrule 3 of the Code of Civil Procedure.

(2.) IN the case before us, the Union of India is one of the appellants who has suffered a money decree and according to Mr. Tarafder, the learned advocate appearing on behalf of the appellants, there should not be any imposition of condition of depositing the decretal amount or giving security thereof for stay of 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.) MR. Tandon, the learned Advocate appearing on behalf of the respondent has, however, opposed the aforesaid contention and has submitted that in a given situation, the Court can even refuse to stay the execution and at the same time, direct the appellant to deposit or give security of the decretal amount even if the appellant is a Government.