MUKHTIAR SINGH Vs. PAKHAR SINGH AMIR SINGH

JUDGEMENT

(1.) A money decree was passed by the trial Court in favour of the respondents and the petitioner filed an appeal in which a prayer for stay was also made. The appellate Court directed that security to the tune of Rs. 50,000/- be furnished before the Executing Court on or before Ist October, 1987. It was also observed that the security be accepted after notice to the decree holder.

(2.) The judgment-debtor moved the Executing Court on Ist October, 1987 for furnishing security but the Presiding Officer was on leave. The Presiding Officer attended the Court on 5th October, 1987, on which date the security bond was furnished and the same was accepted without notice to the decree-holder. When he decree-holder came to know of this, he filed an application before the Executing Court raising objection that the security had to be furnished by the Ist of October, 1987 and that no notice of the security was given to him. The Executing Court did not consider the second aspect and on the first aspect it came to the conclusion that even though the Court was on leave from Ist to 4th October, 1987, it was the fault of the judgment debtor in not furnishing the security on Ist October 1987. Accordingly, the judgment debtor's application was allowed and the security bond was rejected. This is judgment-debtor's revision against the aforesaid order.

(3.) While admitting the revision, execution of the decree was stayed and by this application the decree-holder wants vacation of the stay order.