from Orders' under section 104 of the CPC.
29. Order XLIII Rule 1(d) makes an order under Order IX Rule 13
(order rejecting ... Order
XLIII Rule 1 of the CPC .
31. Order XLI Rules 3 and 5 provides for an appeal making a
deposit or furnishing security
5::
mentioned in Clauses (a) and (b) of subrule (3) of
Rule 5 of Order XLI are not complied with, held
as follows ... furnish security as a
guarantee for due performance of a decree
as mentioned in Rules 5 and 6 of
Order XLI. Notwithstanding such
exemption, discretionary
decided on the principles analogous to one contained
in Order XLI Rule 5 of the Code of Civil Procedure , 1908
(hereinafter referred ... have perused the record.
9. Order XLI Rule 5 of CPC requires a party to furnish
security. The provision does not provide that the security
6933 of 2018
appeal arising out of a money decree, the normal rule is to impose
conditions for the grant of stay. In fact ... Original
Court. Even then, Order XLI, Rule 5 (3) of CPC makes it clear that an
order for stay of execution shall not be made
Order XXI Rule 26 CPC is legally untenable
and amounts to a misapplication of the provision.
13. The statutory scheme under Order XLI Rule 5 ... fall
squarely within the jurisdiction of the appellate Court under Order XLI
Rule 5 CPC and not within the limited domain of the executing Court
Court Judge, as per orders dated 24.07.2018 in I.A.No.286 of
2018 allowed the said application and ordered the stay operation
Page ... stay
petition in I.A.No.286 of 2018 under Order XLI, Rule 5 of CPC ,
that application was allowed conditionally as stated above
Court Judge, as per orders dated 24.07.2018 in I.A.No.286 of
2018 allowed the said application and ordered the stay operation
Page ... stay
petition in I.A.No.286 of 2018 under Order XLI, Rule 5 of CPC ,
that application was allowed conditionally as stated above
with
the above revisions.
5. The contention of the learned counsel for the
petitioners is that under Order XLI, Rule 5(2) CPC, a stay ... case on hand actually falls under Order XXI,
Rule 29 CPC . Order XXI, Rule 29 CPC reads as follows:
"29. Stay of execution pending
with
the above revisions.
5. The contention of the learned counsel for the
petitioners is that under Order XLI, Rule 5(2) CPC, a stay ... case on hand actually falls under Order XXI,
Rule 29 CPC . Order XXI, Rule 29 CPC reads as follows:
"29. Stay of execution pending
Chakradharamahanthi Vekata Maikya ... vs Chakradharamahanthi Vekata Ramana ... on 6 December, 2018
THE HON'BLE
