PARMOD BHUSHAN PAUL Vs. JASBIR SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the trial Court, whereby it stayed the execution of the decree by order dated 8. 10. 1979 passed under Order 21 Rule 29 of the code of Civil Procedure.

(2.) THE trial Court in an earlier litigation decreed the suit of the defendant-petitioner for possession by way of specific performance. The suit was decreed against Bachan Singh and another, predecessors of the present plaintiffs. The decree became final. The defendant-respondents took out executions, wherein objections were taken by the present plaintiffs. The objections were rejected/they thereafter filed the present suit for declaration to the effect that they are owner to the extent of l/6th share in land measuring 21 Kanals 7 Marias. They also moved an application under Order 39 Rules 1 and 2 read with Order 21 Rule 29 of the Code of Civil Procedure. By moving this application it was prayed that the execution of the decree passed in the previous suit be stayed till the disposal of the present suit. This application was contested by the defendant-petitioner by contending that the same was not maintainable as the plaintiffs have no locus standi and that the main plea taken by Bachan Singh, predecessor of the plaintiffs, in the earlier suit was the same as. taken by the present plaintiffs. The only effort of the part on the plaintiff is to frustrate the execution of the decree, which has become final in the previous suit.

(3.) WHILE admitting this revision petition on 9. 8. 1995, the operation of the order under revision was stayed.