( 1 ) THE defendant-petitioner had preferred a second appeal against the decree for realisation of certain sums passed in Original Suit No. 150 of 1979, which was affirmed in first appeal. In the second appeal his application for stay of execution is pending. In the meantime the decree holder has put the decree for execution in Execution Case No. 6 of 1996. In the said execution proceeding the petitioner had applied for stay of the execution on the ground of pendency of appeal. The said application had been dismissed by order dated 19. 12. 1997. Against the said order he had preferred a revision being Revision No. Nit of 1998, which was also dismissed by order dated 22. 4. 1998. It is also submitted that he has filed another stay application which was also dismissed on 5th May, 1998. Sri K. K. Tripathi, learned counsel for the petitioner assails these orders in the present writ petition.

( 2 ) AFTER having heard Sri K. K. Tripathi, learned counsel for the petitioner I find that the contention of Sri Tripathi cannot be sustained. Order XLI, Rule 5 of the Code prescribes for obtaining stay, when the appeal is preferred. Rule 5 of the Code specifically provides that mer