BISHEN SINGH Vs. CHANAN KAUR

JUDGEMENT

(1.) THIS is judgment -debtors' revision application from the orders dated October 17, 1966 of the subordinate Judge 1st Class, of Jullundur refusing to stay sale of the attached land of the judgment -debtor under sub-rule (2) of R. 6 of Order 41 of the Code of Civil Procedure.

(2.) THE respondent , the decree holder, obtained a money decree against the applicant, who has filed an appeal against the decree in this court. In that appeal, the prayer for stay of execution was disallowed because the decree is a money decree. So the execution proceeded and the land of the applicant has been attached in execution of the decree. On such attachment of the applicant applied under sub-rule (2) of rule 6 of Order 41 for stay of sale. Sub-rule (2) of that rule says that.

(3.) SO this revision application of the applicant is accepted and the sale of the applicants' attached land shall remain stayed till the disposal of the applicant's appeal in this Court provided the applicant furnishes to the satisfaction of the executing Court security to the tune of the amount due from him to the respondent under he decree for the immediate payment of the same in case his appeal should fail in this Court. The security is to be furnished within a month from today and after notice to the decree-holder, respondent. There is n order as to costs in this revision application.