Curgenven, J.

1. This application was filed for the stay of further proceedings in pursuance of an ex parte decree passed in O. S. No. 84 of 1930 on the file of the Sub-Court of Vellore pending disposal of an appeal against an order refusing to set that ex parte decree aside. When the stay application came up for the issue of ex parte orders, I understand that it was held by the learned Judge who disposed of it, following Bhagwat Rajkoer v. Sheo Golam Sahu [1904]31Cal.1081 and some cases of this Court, that this Court has no power in proceedings of this nature to stay execution of a decree Under Order 41, Rule 5. Accordingly the application was converted into one for an injunction to restrain the respondent from executing the decree, and the question has been raised before me whether an application of this kind will lie. So far as a Court which is restricted to the terms of the Code of Civil Procedure is concerned, it has been held by Phillips, J., in Varadacharyulu v. Narasimhacharyulu A.I.R. 1926 Mad. 268, which I had occasion to follow in Ayyaperumal Nadar v. Muthuswami Pillai AIR1927Mad687 , that if an injunction cannot be passed under the provisions of Order 39, Rule 1 or