( 1 ) OPPOSITE party No. 8 Smt. Alimun Nisha had filed a suit being Original Suit No. 1208 of 1991 in the court of Munslf. Gorakhpur, against one Smt. Soghra Begum. The said suit was decreed on 19th April, 1992. Against that, an appeal was preferred by Smt. Soghra Begum, which was dismissed on 28th September. 1993. The Second Appeal there out was dismissed on 9th January. 1997. The decree passed in Original Suit No. 1208 of 1991 was put into execution in Execution case No. 2 of 1998. The petitioner, who was not a party to the Original Suit No. 1208 of 1991. had filed an application in the said execution proceeding praying for stay of execution as against her. The petitioner is defendant No. 1 in Original Suit No. 1777 of 1990 filed by one Gulam jeelanl in the court of Munsif Sahar, Gorakhpur. The opposite party No. 8 Smt. Alimun Nisha is not a party to the said suit. The application filed by the petitioner, as contended by Mr. Rafiuddin ansari, Advocate, was purported to have been made under Order XXI, Rule 58 of the Code ol civil Procedure. Mr. Ansari contended that the petitioner was not a party to the Original Suit No. 1208 of 1991. Therefore, the decree passed th