AB AHAD BABA Vs. GH MOHD DAR

JUDGEMENT

(1.) THIS is a revision petition against the order of the Munsiff Sopore whereby he has rejected an application of the petition for stay of some execution proceedings between the parties pending in his court. This application of the petitioner has been dismissed in limini on the report of the office and without even issuing a notice to the other side.

(2.) THE petitioner made an application before the trial court on 30th March 65 to the effect that he had filed a suit in the trial court under O. 21 r. 68 (it should be rule 63) of the Civil P. C. That suit had been dismissed in default. The plaintiff petitioner had presented a petition for its restoration. The defendants were purposely evading service in that application The date fixed in that application was 12th April 65. The defendants were trying to get the house attached and sold before the disposal of the suit which would cause great hardship and defamation to the petitioner. The proceedings in the execution be stayed. This application was summarily rejected by the trial court as already stated.

(3.) FROM the application and the order of the trial court it would appear that the suit under O. 21 r. 63 brought by the petitioner had been dismissed for default. The file of the original suit shows that it was dismissed on 28 -12 -64. It is admitted that an application for its restoration had been made by the petitioner which is pending in the trial court. According to the petitioner, the defendants non -applicants in that application evade service. They appear in the relevant execution petition but avoid service in the restoration application. Hence the necessity for the petitioner to have moved the application for stay of the proceedings in the execution.