scope of o.21 r. 26 cpc
Vijaya Poornima
(Querist) 01 October 2012
This query is : Resolved
Sir,
Kindly clarify the circumstances under which Order 21 R. 26 CPC can be invoked for getting stay of Execution Proceedings?
I have obtained an exparte decree against a Police officer Under Sec. 80 CPC Suit? Now E.P is pending for attachment of his salary. At this stage, the J.D has filed a set aside application along with Sec. 5 Petition before the trial court. Sec. 5 Application has been conditionally allowed. Against that order, we have preferred CRP before the High Court and obtained stay of the suit proceedings. Now since, the E.P has been posted finally for the J.D's arguments (After 10 months of his entering appearance) he has filed a Petition for stay Under O. 21 R. 26 CPC
Now, my query is that whether such a petition can be filed after a lapse of 10 months even when the high court has granted a stay for the suit proceedings. Dear friends, kindly clarify the scope of O. 21 R. 26 with decided cases
Kiran Kumar
(Expert) 01 October 2012
well such an application is very much maintainable.
scope of the provision is secondary in your case, prior to that find out what facts have been stated or what grounds have been taken by the JD for getting a stay from the court.
the burden is upon JD and he is to establish his case and further harmonize between the suit proceedings and EP.
the contents of S. 5 application will also be relevant to contradict his stand.
finding scope is an academic exercise which you can do in your library as well.
