BENI SINGH Vs. RAM SARAN SINGH

JUDGEMENT

(1.) A suit was brought against the petitioner which was decreed and an appeal by the petitioner against the decree has been dismissed. The petitioner preferred a second appeal to this Court but in the meantime the decree-holder applied for execution of the decree in respect of the costs awarded to him. In execution of this decree some of the petitioner's property was attached and put up for sale and the petitioner's application under Order 41, Rule 6(2), Civil P.C., asking for stay of the sale was summarily rejected by the execution Court. One of the present applications is for revision of that order and the other application is directed against an order of the execution Court fixing the value of the judgment-debtor's property which was to be sold. The first application (C.E. No. 630) relating to the application of the petitioner under Order 41, Rule 6, must be allowed. Sub-rule (2) provides that where an order has been made as in the present case for the sale of immoveable property in execution of a decree and an appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit until the appeal is disposed of.

(2.) THE Court could have imposed terms and even have required the judgment- debtor to deposit the whole amount of the decree in Court in cash but it could not dismiss the application summarily. THE order is accordingly set aside. THE application will be heard by the lower Court and disposed of in accordance with law. THEre is no substance in the second application (C.R. No. 631). THE objection of the petitioner is that the valuation was fixed before the date on which he was called upon to show cause against the valuation proposed to be made. It appears, however, that the property was valued by an order of the Munsif and the order was signed before the petitioner on the same day made an application under Order 21, Rule 66 of the Code. THE application is, therefore, dismissed but without costs, as there is no appearance on behalf of the opposite party. THE petitioner will get his costs of the former application. THE hearing fee is assessed at one gold mohur.