1983 Supreme(MP) 868

IN THE HIGH COURT OF MADHYA PRADESH
G.P. SINGH, J.
Laxmi Vastralaya – Appellant
Vs.
Oswal Agencies – Respondent
C.R. No. 151 of 1981 (I)
Decided on : 29-06-1983.

Headnote:(1) Civil Procedure Code, 1908 - S.151 and O.9, R.13 - proceedings for setting aside exparte decree - execution of decree may be stayed under inherent powers.

       (2) Execution - may be stayed under inherent powers of the Court - Civil Procedure Code, 1908 - S.151.

       Short Note

       1. There is an exparte decree passed against the applicants. The applicants made an application for setting aside of the decree under O.9, R.13, CPC. That application is still pending. The applicants also made an application under S.151 CPC for stay of execution of the decree. This application was dismissed on the ground that as there is a separate provision for execution; section 151 CPC was not applicable.

       2. Held: It is conceded by the learned counsel for the non - applicants that there is no specific provision for staying execution of the ex parte decree. Where an application is made for setting aside a decree under O.9, R.13 in the absence of any specific provision, section 151, CPC is applicable for staying its execution. The Court below had jurisdiction to entertain the application for stay under S.151. The question whether stay should be granted or not would be within the discretion of the Court below after the application under S.151 is entertained. The mistake committed by the Court below was in holding that the application under S.151 was not maintainable at all.