(1.) THIS civil revision by the defendant arises out of an order granting conditional stay of the execution proceeding during the pendency of the application under Order 9 Rule 13 C.P.C.
(2.) OPPOSITE Party is wife of petitioner. She filed a suit for maintenance to enforce her right under the Hindu Adoption and Maintenance Act, 1956, Suit was decreed ex -parte directing payment of Rs. 400/ - per month towards maintenance and Rs. 100/ - per month towards separate residence. When plaintiff did not pay the amount, defendant filed application for execution.
(3.) THEREAFTER , defendant filed an application for setting aside the exparts decree and an application was filed to stay further proceeding in the execution case alleging that entire properties of the judgment -debtor have remained under attachment. Refusal to stay is grievance of petitioner.