Dixit, J.

1. [After stating facts the judgment proceeded: ] As regards civil Appln. No. 1500 of 1949, when the matter was last argued, Mr. Gumaste for the opponent conceded that the learned Registrar has power to grant stay of proceedings under Order 41, Rule 5, C. P. C., but at the hearing of the appln. he contends that the learned Registrar had no jurisdiction to make an order under the provisions of Order 41, Rule 5. Now, under the rules of the High Court of Judicature at Bombay, Appellate Side, 1936, power is given to the Registrar to dispose of certain applns. Rule 11 (n) refers to applns. for orders under Order 41, Rules 5, 6 10, C. P. C., the question is whether the learned Registrar has power to make an order staying proceedings pursuant to a preliminary decree. It is not disputed that with respect to the decree for a sum of Rs. 7,500, the learned Registrar would have such power because that would be in respect of stay of execution.

2. As the question is one of practice, I have ascertained from the office as to how the practice stood; and I am informed that the Registrar deals with similar applns. though it is said that there is some doubt as to whether the Re