SURENDRANATH MOHANTY Vs. HARIHAR DAS

JUDGEMENT

(1.) OPPOSITE party No. 1 obtained an ex parte decree against the petitioners and their brother (opposite party No. 2) for Rs. 890/- in the Court of the 6th Munsif, Alipore, Calcutta, on 25-4-67. The decree was transferred for execution to the Court of the Munsif of Balasore. Execution Case No. 9 of 1968 was levied by the decree-holder in the Court of the Munsif, Balasore. The petitioners and opposite party No. 2 filed O. S. No. 121 of 1968 in the court of the Munsif, Balasore, to set aside the ex parte decree on various grounds including fraud, nonservice of notice etc. In the execution case the petitioners filed an application under Order 21, Rule 29 and Section 151, C.P.C. before the Munsif, Balasore, for staying that very execution case. The learned Munsif rejected the application and refused to grant stay, on 27-11-68. It is against this order the Civil Revision has been filed.

(2.) MR. Pal for the petitioners urges that the learned Munsif exercised his jurisdiction illegally in refusing stay, which the petitioners were entitled to get not only under Order 21, Rule 29, but also under Section 151, C.P.C. Order 21, Rule 29, runs thus :