BHAJAN SINGH Vs. TEJA SINGH ETC.

JUDGEMENT

(1.) IN a suit filed by Teja Singh and others against Bhajan Singh and others a decree for Rs. 27,300/ - with costs, including the interest @ 6 % per annum uptil the date of the decision and with future interest at the same rate, was passed. Bhajan Singh filed R.F.A. No. 175 of 1972 which was admitted on 9th August, 1972. In the meantime the decree -holder sought the execution of the decree and a warrant for the sale of the land of Bhajan Singh was issued. Bhajan Singh filed civil Misc. Application No. 1109 -C of 1974 under Order XLI rule 6 read with section 151 of the Code of Civil Procedure, praying for the stay of the sale of his land till the decision of the appeal. Notice of this application was issued to the respondents and in the meantime sale proceedings were ordered to be stayed.

(2.) TEJA Singh etc. filed civil Misc. Application No. 1419 -C of 1974 requesting for the vacation of the stay order passed on 15th April, 1974. This application of Teja Singh etc. has been opposed by the appellant. Both C.M. No. 1109 -C/1974 and C.M. 1419 -C/1974 will be disposed of by this order.

(3.) THE learned counsel for Bhajan Singh appellant in reply urged that the inherent powers of the appellate court under Order XLI rule 5 of the Code of Civil Procedure, are not cut down or limited by the special and exceptional power conferred on the executing court by Order XLI, rule 6, Civil Procedure Code. He relied upon Tribeni Sahu v. Bhagwat Bux, ILR XXXIV Cal 1037.