SURJIT KAUR Vs. GURDIAL SINGH

JUDGEMENT

(1.) This is a revision petition by the decree-holder against the order of the Sub-Judge Ist Class, Ambala City, dated October 1, 1977, whereby the execution of the decree was stayed under the provisions of Order 41 Rule 6(2) of the Code of Civil Procedure. Prior thereto, the appeal was filed by the judgment-debtor in this Court against the said decree and a prayer made for the stay of its execution was declined.

(2.) The learned counsel for the petitioner urged that no property of judgment-debtor had yet been attached or ordered to be put to sale and as such the executing Court had no jurisdiction to stay execution of the decree by invoking the provisions of Order 41 Rule 6(2). The argument of the learned counsel is unassailable. It is only when an immovable property of the judgment-debtor is ordered to be put to sale during the pendency of the appeal that auction can be stayed under the provisions of Rule 6(2) of Order 41 but that too on certain conditions.

(3.) This petition is consequently allowed with costs and the impugned order is hereby set aside.