BHONREYLAL Vs. RAM SINGH

JUDGEMENT

(1.) This is an application for an ad interim order of stay of execution in an appeal against an order of the District Judge, Alwar, of 26-4-1954, dismissing an application of the appellant for restoration of his appeal which was dismissed for default on 6-7-1953.

(2.) The facts of the case are that Chiranjilal and Ram Singh obtained a decree in-a preemption suit on 7-4-1952, by which on payment of the sale price they were allowed to purchase the property sold by Dulichand to Bhonreylal.

(3.) The defendant Bhonrey Lal filed an appeal against the decree of the first court in the court of the District Judge, Alwar, which was fixed for hearing on 6-7-1953. The appellant failed to appear on that date and the appellate court dismissed the appeal for default of appearance. A restoration application was filed by the appellant but it was dismissed on 26-4-1954. Bhonrey Lal has filed an appeal against the order of the District Judge, Alwar, of 26-4-1954, & has also moved an application for stay of execution of the decree passed by the Civil Judge. On 28-5-54 after admitting the appeal a rule was issued to the opposite party to show cause why the execution of the decree be not stayed pending the decision of the appeal and meanwhile execution proceedings were stayed. A reply has been filed on behalf of Ram Singh respondent and it has been alleged that the appellant has purchased 3 other shops at Alwar and can conveniently carry on his business in those shops. It has further been stated that no irreparable loss would be caused to the appellant if the execution of the decree is not stayed.