RADHEY SHYAM Vs. SITA RAM

JUDGEMENT

(1.) This is a special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 (hereinafter referred to as 'the Ordinance'), against the order of the learned single Judge dated 18th December, 1979 made on a Civil Miscellaneous Stay petition filed under Order 41, Rule 5, C. P. C. in a civil first appeal.

(2.) The plaintiff appellant obtained a decree for a sum of Rs. 26,277/43 p, on fifth October, 1979 from the court of Additional District No. 4, Jaipur City. Aggrieved against the aforesaid decree the defendant filed a first appeal in this court and filed a stay application under Order 41, Rule 5, C. P. C. along with the appeal for staying the execution of the decree passed by the trial Court. Learned single Judge heard the parties on the stay application and passed the following order:

(3.) Aggrieved against the, aforesaid order the plaintiff has now filed the pre sent appeal before the Division Bench under Section 18 of the Ordinance. The Office raised an objection that special appeal does not lie under Section 18 of the Ordinance against the impugned order of the learned single Judge passed on a stay application filed under Order 41, Rule 5, C. P. C. In these circumstances the case has been listed before the Court and we have heard the learned counsel for the appellant on the objection rais ed by the office.