NARINDER KUMAR Vs. N.K. ELECTRONICS

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 14.8.2008 by which the Court of Addl. District Judge, Ludhiana stayed the execution proceedings till the disposal of the application preferred by the respondent under Order 9 Rule 13 C.P.C. and consigned the execution application to the record room.

(2.) LEARNED counsel for the petitioner contended that this course was not the appropriate course to be adopted by the Court as under the provisions of Order 21 Rule 26 C.P.C. it was the Court of the first instance which had the jurisdiction to stay the proceedings as it was this Court which was deciding the application under Order 9 Rule 13 C.P.C. moved by the respondent. But the executing Court while directing the stay of the proceedings has committed a gross illegality.

(3.) LEARNED counsel for the petitioner reiterated his contention and made an exhaustive reference to Order 21 Rule 26 C.P.C. which is extracted as under :-