PEARA SINGH Vs. MEHAR SINGH ETC.

JUDGEMENT

(1.) THE appeal is barred by about one year and application under Section 5 of the Limitation Act has been filed for condonation of delay. Order 41 Rule 3 -A(3) of the Code of Civil Procedure provides that the Court shall not make an order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under Rule 11, decided to bear the appeal.

(2.) IN this case, notice of the application was ordered to be issued but process fee was not filed and, therefore it could not be issued. Let fresh notice be issued now for some actual date. Since it has not been decided so far as to whether the appeal is to be heard on merits or not, the stay order dated 24 -6 -1988 is hereby vacated.