DWARKA PRASAD, J.— This is a special appeal under section 18 of the Rajasthan High Court Ordinance, 1949 (hereinafter referred to as the Ordinance), against the order of the learned Single Judge dated 18 th Dec. 1979 made on a Civil Miscellaneous Stay Petition filed under Order 41 rule 5 C.P.C. in a civil first appeal

2. The plaintiff appellant obtained a decree for a sum of Rs. 26,277/43 p. on 9th October, 1979 from the court of Additional District Judge No 4, Jaipur City Aggrieved against the aforesaid decree the defendant filed a first appeal in this court and filed a stay application under Order 41 rule 5 C.P.C. along with the appeal for staying the execution of the decree passed by the trial Court. Learned Single Judge heard the parties on the stay application and passed the following order:

"Heard learned counsel for the parties. Out of the decretal amount, appellant would pay an amount of Rs. 12,000/- to the respondent and for the rest of the amount would submit a solvent surety to the satisfaction of the Additional District and Sessions Judge No. 4, Jaipur City, Jaipur. Respondent would submit a solvent surety for restitution while withdrawing the amount of Rs. 12,000/-. The

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