ORDER

Learned counsel for the appellants are directed to remove all the defects pointed out by the Stamp Reporter within one month.

2. Heard learned counsel for the appellants as well as learned counsel for the respondents, on I.A. No. 01 of 2021 filed on behalf of the appellants under Order XLI Rule 5 for stay of the further proceeding of Execution Case No. 01 of 2015.

3. This second appeal was admitted vide order dated 03.03.2022.

4. The application for stay has been opposed by the learned counsel for the respondents on two grounds:—

(i) The proper security has not been given in accordance with order XLI Rule 5 sub-rule 3(c) of the Code of Civil Procedure 1908 ( hereinafter referred as ‘the Code’).

(ii) That this court passed an order dated 08.03.2022 staying the further proceeding of the case for 15 days, which has been elapsed and no prayer has been made to extend it.

5. So far as the first ground is concerned the learned counsel for the appellants, relying upon a decision of this Court reported in the case of Smt. Drogni Devi vs. Most. Surati Devik and others 1991 PLJR (1) page 26, has submitted that the security is not essential in a case of eviction. It depends upon nature of the c