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2005 Supreme(Ori) 281

A.S.NAIDU
YOUTH CLUB, BOLANGIR – Appellant
Versus
PREMALATA KUMARI DEVI – Respondent


Advocates Appeared:
D.P.Dhal, M.KANUNGO

( 1 ) THE ambit of. Order 21, Rule 29 of the Code of Civil Procedure is the question to be determined in this Writ Petition. For proper appreciation, Order 21, Rule 29 is quoted herein below :-"29. Stay of execution pending suit between decree-holder and judgment-debtor.-Where a suit is pending in any Court against the holder of a decree of such Court or of a decree which is being executed by such Court, on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been decided : provided that if the decree is one for payment of money, the Court shall, if it grants stay without requiring security, record its reasons for so doing. "a reading of the above provision would show that discretion has been given to the executing Court to grant stay of execution if a suit is pending between the decree-holder and judgment-debtor in the same Court. The question is, what are the circumstances under which the executing Court has to exercise the discretion to grant stay. Though no hard and fast rule can be laid down as to under what circumstances stay under order 21










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