( 1 ) THERE is an execution petition pending before the trial Court. It was listed on 26th march, 1999 on which date the Judgment- debtor s Counsel represented that the decree had been attached in O. S. No. 3/99 by Senior Civil Judge, Kandukur, therefore the execution proceedings be stayed. It was objected to by the other side. The learned trial Court refused to stay the execution of the decree. He found that the attachment order passed under Order 21 Rule 53 C. P. C. does not amount to stay within the meaning of Section 15 of the Limitation Act, therefore, he directed further proceedings in the execution petition and asked the judgment-Debtor to adduce his evidence. This order is challenged by way of this revision.

( 2 ) IT will be profitable to quote Rule 53 of order 21 C. P. C. :-"53. (1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made (a) if the decrees were passed by the same Court, then by order of such court, and (b) if the decree sought to be attached was passed by another Court, then by the issue to such other Court of a notice by the Court which passed the decree sought to be executed, requesting such other Court to stay the execution of its decree unless and until (i) the Court which passed the decree sought to be executed cancels the notice, or (ii) (a) the holder of the decree sought to be executed, or (b) his judgment-debtor with the previous consent in writing of such decreeholder, or with the permission of the attaching court, applies to the Court receiving such notice to execute the attached decree". (2) Where a Court makes an order under clause (a) of sub-rule (1), or receives an application under subhead (ii) of clause (b) of the said sub-rule, it shall, on the application of the creditor who has attached the decree or his judgment-debtor, proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree sought to be executed. (3) The holder of a decree sought to be executed by the attachment of another decree of the nature specified in sub-rule (1) shall be deemed to be the representative of the holder of the attached decree and to be entitled to execute such attached decree in any manner lawful for the holder thereof. (4) Where the property to be attached in the execution of a decree is a decree other than a decree of the nature referred to in sub-rule (1), the attachment shall be made, by a notice by the Court which passed the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from transferring or charging the same in any way; and, where such decree has been passed by any other Court, also by sending to such other Court a notice to abstain from executing the decree sought to be attached until such notice is cancelled by the Court from which it was sent. (5) The holder of a decree attached under this rule shall give the Court executing the decree such information and aid as may reasonably be required. (6) On the application of the holder of a decree sought to be executed by the attachment of another decree, the court making an order of attachment under this rule shall give notice of such order to the judgment-debtor bound by the decree attached; and no payment or adjustment of the attached decree made by the judgment-debtor in contravention of such order with knowledge thereof or after receipt of notice thereof, either through the court or otherwise, shall be recognized by any Court so long as the attachment remains in force.

( 3 ) SUB-RULE (sic. clause) (b) of sub-rule (1) of Rule 53 clearly lays down that the executing Court has to stay the execution unless and until the conditions laid down in sub-rule (sic. clause) (b) (i) of (b) (ii) (a) or (b) are met. The issue whether the execution has to be stayed or not can be seen from the rule 53 itself which makes it clear that once a request is made by another