that time Rule 5 of Order XLI
CPC had only four subRules. Sub Rule (5) in Rule 5 of Order XLI
was inserted ... from providing security under Rule 8A of Order XXVII of CPC .
However, in 1976 Sub Rule (5) to Rule 5 of Order XLI
under Sub‐rule (3) of Rule 1 of
Order XLI is as provided in Sub‐ rule (5) of Rule 5
of Order XLI which reads ... rule (3) of Rule 5 of Order XLI. As per the provisions of sub-
rule (3) of Rule 5 of Order XLI, the Court
rule (1) of Rule 5 of Order
XLI. In terms of sub-rule (1) of Rule 5 of Order XLI, an appeal shall not
5 ... terms of sub-rule (5) of Rule 5 of Order XLI, the court shall not
make an order staying the execution of the decree notwithstanding
Rajbala & Ors vs State Of Haryana & Ors on 10 December, 2015
Equivalent citations
Rupees thirty lakhs in the
form of demand draft or pay order drawn on any Scheduled Bank of
India in favour of West Bengal State ... ground whatsoever. Order XXVII Rule 8A CPC provides that no
such security as is mentioned in rules 5 and 6 of Order XLI shall
Court of Gujarat. Therein, the appellant moved an
application under Order XLI Rule 5 of the Code of Civil Procedure
seeking stay on the execution ... thereof as the Court may think fit. Under Order XLI Rule 5(5) a
deposit or security, as abovesaid, is a condition precedent
respondent has invited our attention to Sub-rule (3) of Rule 1 of Order XLI in the CPC , as amended in the State of Maharashtra ... under Sub-rule (3) of Rule 1 of Order XLI is as provided in Sub-rule (5) of Rule 5 of Order XLI which reads
payment
of money; (ii) Under Order XLI Rule 5 of the CPC , the requirement is for furnishing
of security and the deposit of money should ... 5 this Court reiterated the
same principle in the following terms:
“3. This Court repeatedly having held that Order XLI
Rule 5 principles
appeal. There is no
provision for stay similar to Order XLI, Rules
5 & 6, of the Civil Procedure Code. There is
no conferment ... stay of realisation of the tax, though the
effect of an order in favour of the assessee
under
security specified
in sub-rule (3) of Rule 1, the court shall not make an order staying the
execution of the decree.”
21. Order XLII ... learned senior counsel for the appellant is that
Order XLI Rule 5 confers jurisdiction on the High Court while dealing with
an appeal under Section
