this appeal, before the learned trial
court the appellant had furnished security of Rs.2,28,16,950/- at the
rate ... executing the decree, the appellant has to furnish
security under Order XLI Rule 5 of the Civil Procedure Code.
We direct the appellant to calculate
Order XLI, Rule 5 sub-rule 3 Clause (c), if the Court felt disposed to make an order for stay of execution. The rule came ... execution has not been established.
5. The second question arises in connection with Order XLI, Rule 5 sub-rule (3) Clause (c) of the Code
advanced on both the sides.
2. Order XLI, Rule 5, of the Code of 1908 provides in Sub-rule (1) that an appeal shall ... execution has not been established.
5. The second question arises in connection with Order XLI, Rule 5, Sub-rule (3), Clause (c) of the Code
order staying the execution of the decree.]"
6.........."
A bare reading of sub rule (5) of Rule 5 of Order XLI makes ... furnishes security as specified in sub-rule
(3) of Rule 1 of Order XLI. The language used in Rule (8-A) of Order XXVII
principles under Order XLI Rules 1 and 5 of the CPC governing
grant of stay of a money decree. Order XLI Rule ... security as the Court may deem fit. Order XLI Rule
5(5) contemplates a deposit or a security as condition precedent for an order
Order 41 Rule 5 sub-Rule (3) mandates that no order for stay
of execution shall be made under Order XLI Rule 5(1) unless ... securities specified in Order XLI Rule 1(3). Order XLI
Rule 5(5) is set out below followed by Order XLI Rule
security in respect of the awarded amounts. The applicability of the provisions of sub-rule (5) of
Rule 1 of Order XLI to the present ... award the applicability of the provisions of sub-rule (5) of Rule 1 of
Order XLI arose for the first time before the appellate Court
stay of an award. Order XLI Rule 5 of the Code of Civil
Procedure is very relevant. Sub-Rules 2 and 3 provide as follows ... Order XLI Rules 5 and6.
If Section 19 of 2006 Act and Section 36 and Order XLI Rules 5 and 6 and
Order XXVII Rule
comply with the provisions of sub-rule (5) of Rule 5 of Order XLI of the Code for
obtaining stay of operation of the money ... Court to follow the provisions of sub-rule (5) of Rule 5 of Order XLI of the Code to
grant stay of operation
appears, from the aforesaid provision namely, Sub-rule (3) of Rule 5 of Order XLI that no order of stay of execution shall be granted ... such decree or order as may ultimately be binding upon him. Again Sub-rule (5) of Rule 5 of Order XLI provides in the event
