KEDAR NATH SANYAL Vs. MATI LAL DAS

JUDGEMENT

(1.) This was an application by Kedar Nath Sanyal and others, the added respondents to England, to remove an order for stay of execution and to direct that execution of certain decrees should be proceeded with.

(2.) This application had reference to an order made by Mr. Justice Woodroffe and myself on the 24th June 1919, sitting to hear matters relating to Privy Council appeals. The material part of the order we made was as follows:-- "It is ordered that the execution of the said decree of this Court, dated the 3rd April 1917, be and the same is hereby stayed pending the disposal of the above appeals to His Majesty in Council upon the appellant to England giving security to the satisfaction of the Subordinate Judge of Dacca for Rs. 1,50,000 (rupees one lakh fifty thousand) by the 20tb September 1919 and on the understanding that he, the appellant to England, waives any objection to the sale proclamation which has already been published and any objection that may be raised on the ground that a further sale proclamation should be published after the said 20th September 1919 and any objection to the attachment and it is further ordered that in default of the said security being given by the said 20th September 1919 the said application for stay of execution will stand dismissed and the sale will be proceeded with."

(3.) During the argument it was pointed out by the Court that the form of the application was misconceived, as the order was complete in its terms and execution would be stayed if the terms of the order were complied with or would proceed if the terms were not complied with.