Section 162 in The Rajasthan Law And Judicial Department Manual, 1952
162. Applications for stay of execution to be opposed.
(1)Unless there are any special reasons to the contrary, every application made to an appellate Court for staying the execution of a decree passed in favour of the Government should be strenuously resisted. The Public Prosecutor should invite the attention of the Court to rule 5(3) of Order XLI of the First Schedule to the Code of Civil Procedure, 1908(V of 1908) and should urge -(i)that the Government was not responsible for the litigation and had done everything in its power to avoid it; and(ii)that if the decree be reversed on appeal, the Government is in a position to refund any amount which may have been recovered in execution.(2)If the Court allows the application, the Public Prosecutor should see that the security given by the appellant is sufficient to cover the amount decreed and the costs of the appeal.
