GURBACHAN SINGH Vs. LABH SINGH AND ANR.

JUDGEMENT

(1.) THIS revision petition is directed against order of the District Judge, Ludhiana, dated May 25, 1988, which is reproduced below:

(2.) SHRI O.P. Goyal, learned Counsel for the Petitioner, has rightly argued that admission of the appeal could not be subject to deposit of the amount decreed by the trial Court, as different con -' sequences could flow from non -compliance of such an order as is provided under Order XLI Rule 5(5) of the Code of Civil Procedure, which reads as under:

(3.) THE next question for consideration is with regard to granting stay of the execution proceedings by the appellate Court. It is in this context that order could not be passed under Order XLI Rule 1(3) calling upon the Appellant to deposit the amount in dispute in appeal or to furnish security for the same and if such an order is passed but not complied with by the Appellant, the Court was not required to order stay of the execution of the decree of the appeal as provided under Order XLI Rule 5(5) of the Code of Civil Procedure