Untwlia, J.

The defendant-opposite party in this civil revision application obtained an ex-parte decree for eviction of the plaintiff-petitioner in the Court of Munsif I, at Patna. He proceeded to execute that decree. Under the administrative order of the District Judge of Patna the execution case as usual was transferred to the Execution Munsif at Patna. The petitioner filed his title suit in the Court of Munsif I at Patna, challenging the ex-parte decree on certain grounds' alleged in the plaint. He filed an application in the Court of the Execution Munsif at Patna, in the execution case, under Order 21, Rule 29, of the Code of Civil Procedure, hereinafter called the Code, asking the Execution Court to stay the execution of the decree until the pending suit has been decided. The Execution Munsif has rejected the application. The plaintiff has come up in revision.

2. Order 21, Rule 29 of the Code reads as follows :–

“Where a suit is pending in any Court against the holder of a decree of such Court on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pe