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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Bharat Petroleum Corporation Ltd. – Appellant
Versus
Swarn Garg – Respondent
| Table of Content |
|---|
| 1. litigation history shows finality of decree despite challenges. (Para 1 , 2 , 3 , 4) |
| 2. prior court orders did not find fraud in decree. (Para 5) |
| 3. order 21 rule 29 stay discretionary for belated suits. (Para 6) |
| 4. article 227 interference limited to perversity. (Para 7) |
JUDGMENT :
AJAY MOHAN GOEL, J.
1. By way of this petition filed by Article 227 of the Constitution of India, the petitioners have prayed for setting aside of order dated 13.06.2019, in terms whereof, an application preferred by the judgment debtor/objector under Order 21, Rule 29 of the Code of Civil Procedure, praying for stay of the execution proceedings, i.e. Execution Petition No. 12-10 of 2008, titled as Swarn Garg vs. Bharat Petroleum Corporation Limited has been rejected.
2. Brief facts necessary for the adjudication of this petition are that a suit for recovery of an amount of Rs.65,000/- was filed by the respondent herein against the present petitioners and this civil suit bearing No. 31/1 of 2006, in which present petitioners were proceeded against ex parte, was decreed by the Court of learned Civil Judge (Junior Division) Solan, for an amount of Rs. 65,000/- with interest @ 12% per annum
Under Order XXI Rule 29 CPC, stay of execution pending judgment debtor's suit is discretionary, not mandatory; belated fraud suit after failed prior challenges and decade-long execution does not enti....
Order 21 Rule 29 CPC applies only when both the execution proceedings and the suit between the decree-holder and judgment debtor are pending before the same Court. Section 151 CPC cannot be used to s....
The Executing Court may dismiss a stay application made incorrectly; an ex-parte decree is valid until set aside in the originating court.
Order XXI Rule 29 of Code is stay of execution pending suit between decree-holder and judgment-debtor.
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
The main legal point established is the court's discretion to grant stay of execution subject to the petitioner's compliance with the undertaking of payment of mesne profits and the automatic vacatio....
A stay of execution in civil proceedings can be granted during the pendency of an appeal when sufficient cause is shown, pursuant to Order 21 Rule 26 of the CPC.
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