stay of execution
raj
(Querist) 18 September 2009
This query is : Resolved
dear learned counsel!
An EP is pending against me and i got a notice under order 21 rule 37,asking to show cause to the notice or else i will be sent to civil prision.Subsequently i filed a suit in the same court relating to the matter in EP.Can i pray the honourable court to stay the EP under order 21 rule 29 of cpc?The suit filed by me was numbered and due for hearing next month[october].Please adviceriven
Raj Kumar Makkad
(Expert) 18 September 2009
You have not disclosed wethere you had been proceeded ex-parte in the suit leading to Execution Petition or have filed another suit? If separate suit has been filed then court can decline to stay execution of the decree in hand but if the order of ex-parte has been sought to set-aside in the decree under execution then the execution can be stayed under the provisions of order 21 Rule 29 CPC.riven
adv. rajeev ( rajoo )
(Expert) 18 September 2009
U have not disclosed whether u have filed any appeal against the judgment and decree. If u have filed any appeal it is better to file an application to stay the proceedings of the EP.
And also I agree with learned member rajkumar.riven
V.V.RAMDAS
(Expert) 21 September 2009
For the applicability of Rule 29, there must be two simultaneous proceedings in one Court viz (1) a prceeding in execution of the decree of the that Court started at the instance of the decree holder against the judgement-debtor and (2) suit at the instance of the same judgement debtor against the holder of the decree of that court: See: AIR 1973 SC 529. In most cases stay to be refused .riven
