ORDER: - Special leave granted.

2. Ordinarily in a matter of this jurisdiction under Art. 136 of the Constitution would not have been permitted to be invoked but having heard learned counsel for the parties we are of the view that in the facts and circumstances of this matter, the order of the High Court should be reversed by allowing the appeal.

3. The appellant, a nationalised Bank. obtained a decree in Civil Suit No. 1169 of 1977 from the City Civil Court at Ahmedabad against several defendants including the State of Gujarat. So far as the defendant-State is concerned, the decree ran thus :-

"The suit is partly decreed against the defendant No. 3 and the defendant No. 3 is ordered to pay Rs. 59,69,422.59 to the plaintiff with interest at the rate of 6% from the date of the suit till realisation. of the amount by the plaintiff. The defendant No. 3 shall pay the proportionate costs of the suit to the plaintiff and bear its own ……………….".

The State of Gujarat has filed a First Appeal in the High Court of Gujarat being First Appeal No. 1993 of 1983 against the decree and it is pending disposal. An application for stay of execution of the operation of the decree was filed by the State of