first instance.
(2) Stay by Court which passed the
decree.—Where an application is made for
stay of execution of an appealable decree
15
before ... cause
being shown order the execution to be
stayed.
(3) No order for stay of execution shall be
made under subrule
execution of a decree is
transferred for execution to another court and a suit is
brought in the Court in which the execution proceedings were ... proceeding could be stayed. The, question,
however, was whether Mr. Yajnik before whom the suit was
pending could stay the execution of the decree which
Mookerjee, J., held that a High Court is competent to stay execution of its decree on account of the pendency of an application ... Court in the exercise of its supposed inherent powers to stay execution in other cases merely on the ground that appeals are pending from them
stayed by reason only of an appeal having been preferred from the decree, but the Appellate Court may for sufficient cause order stay of execution ... security for restitution from the judgment-creditor under Rule 6 or stay execution and take security from the judgment-debtor under Rule 5. For each
partial stay i.e. a stay which makes the
degree altogether inexecutable. [814C]
3. Stay of any process of execution is stay of
execution within ... decree. The learned
Judge observed that a partial stay e.g. a stay of execution
in one particular mode is not stay of execution within
appeal. (5) The District Court may, pending disposal of the appeal, stay execution of the judgment or order appealed against. (6) The decision
stayed by reason only of an appeal having been preferred from the decree, but the Appellate Court may for sufficient cause order stay of execution ... security for restitution from the judgment-creditor under Rule 6 or stay execution and take security from the judgment-debtor under Rule 5. For each
applications for execution of decrees, for under that Act though the execution of a decree might have been stayed by injunction or otherwise, the decree ... execution would not affect it and for the reasons already stated in reference to Article 179 the period during which the execution was stayed under
first instance.]
(2) Stay by court which passed the decree :--Where an
application is made for stay of execution of an appealable decree
before ... cause
being shown order the execution to be stayed.
(3) No order for stay of execution shall be made under sub‐rule
certain order in certain execution proceedings under a decree in the suit, and the judgment debtor applies to have execution stayed pending the hearing ... execution case is before the Appellate Court, I do not see how the Lower Court can allow execution to go on, the execution case being
