Dave, J.—This case comes today for determination of the appellants application under Order 41 Rule 5 of the Civil Procedure Code. The respondent had filed a suit against the appellant in the court of the Civil Judge, Alwar for Rs. 3437/8/- on account of the loss sustained by him for alleged breach of contract committed by the appellant in refusing to take delivery of the goods. The trial court dismissed the suit but on the plaintiffs appeal to the District Judge, Alwar, a decree for Rs. 2750/-with proportionate costs in both the courts has been given in his favour. The defendant] has, therefore, come here in second appeal and presented a petition for staying the execution of the decree pending the decision of this appeal. On the 29th August, 1952, notice was issued to the opposite party to show cause why the stay application be not allowed, and an ad interim order to stay the execution was passed on that date. The appellants learned advocate wants the order to be made absolute while the respondents learned advocate seriously contests it on the ground that the appellant has sufficient means to pay up the decree and no substantial loss is likely to occur to him.

2. It appears from the

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