RAINA, J. : - In Miscellaneous (First) Appeal No. 7 of 1972 a question arose whether a temporary injunction can be issued to restrain a decree-holder from executing his decree against his judgment-debtor. Shiv Dayal, J. who heard the appeal referred the following points for decision by the Division Bench on account of divergent views having been expressed by this Court in different cases : -

(1) Whether in a suit instituted by a judgment-debtor on the ground of fraud or any such other ground, a temporary injunction can be granted restraining the decree-holder from executing his decree against the plaintiff.

(2) When a suit is instituted on the ground that the decree is not binding on the plaintiff and that the execution of the decree will be prejudicial to the plaintiff's right, by a person, who was not a party to the suit in which the decree was passed, can a temporary injunction be issued to restrain the decree-holder from executing his decree aginst his judgment-debtor.

2. Shiv Dayal, J. has pointed out that in Miscellaneous (First) Appeal No 84 of 1962 decided on November, 23, 1962, (Madh Pra) Bhargava, J. held that no order of injunction can be made under Order 39, Rule