Indian Kanoon - Search engine for Indian Law

The case of the petitioner is that the opposite party herein as plaintiff filed the aforesaid suit for eviction against the petitioner, inter alia, on the ground of default, subletting and reasonable requirement. The said suit was subsequently decreed ex parte and the opposite party herein put the decree into execution being Ejectment Execution Case No. 90 of 2018.

The petitioner contended that suppressing the summons of the suit, the opposite party procured an ex parte decree and as such he took out an application under Order IX, Rule 13 of the Code of Civil Procedure, inter alia, praying for setting aside the aforesaid ex parte decree. In the said Misc. Case being No. 33 of 2019, the petitioner herein also took out an application for stay of all further proceedings of the Ejectment Execution Case No. 90 of 2018 till the disposal of the Misc. Case. Learned Court below refused to grant any ad interim order of stay and directed to issue show cause notice upon the opposite party as to why the prayer of the petitioner for granting stay shall not be allowed.