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1965 Supreme(Gau) 44

RAJVI ROOP SINGH
Thoudam Ningol Ningthoujam Onghi – Appellant
Versus
Leisangthem Tombi Singh – Respondent


Advocates:
T.N. Bhattacharjee, for Petitioner; M. Charugopal Singh, for Opposite Party.

ORDER :

This revision petition has been directed against an order of the learned Munsiff, Manipur, rejecting an application of the petitioner made under Or. 21, R. 29 C.P.C., on the ground that he had no jurisdiction to stay the execution of the decree under Or. 21 R. 29.

2. The facts giving rise to this revision, petition lie in a short compass and may be briefly narrated as follows :

On 10-7-1957, the opposite party Leisangthem Tombi filed the suit against Thoudam Ningol Ningthoujam Ongbi Muktarei Devi for delivery of possession in the Court of Subordinate Judge, Imphal. The suit was decreed on. 28-4-1958. On 29-4-1959, the opposite party (decree-holder) presented an application for the execution of the decree. The execution petition remained pending in the Court of Subordinate Judge upto 29-5-1963. On 30-5-1953 it was transferred to the Court of Munsiff, Manipur. On 12-6-1964, the petitioner-plaintiff filed a suit No. 100 of 1964 for setting aside the decree passed in the previous suit. Thereafter on 14-7-1964, he applied under Or. 21 R. 29 for stay of execution of the decree till the disposal of the Suit No. 100 of 1964.

3. The respondent decree-holder objected to the stay of the





























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