AIR 2009 SUPREME COURT 1581 ::2009 AIR SCW 1113 ::(2009) 1 CLR 467 (SC) ::(2009) 2 CivilCourtC 425 ::(2009) 2 All RentCas 390 ::2009 (2) SCC 426 ::(2009) 3 RecCivR 211 ::(2009) 1 Scale 438 ::(2009) 2 All WC 1280 ::(2009) 76 All LR 428 ::2009 (3) ICC 507 ::2009 (2) MadLW 845 ::2009 (5) Mah LJ 13 ::(2009) 3 KCCR 143 ::2009 (2) Pun LR 513

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): Satya Brata Sinha, Cyriac Joseph , JJ

Civil P.C. (5 of 1908) , O.41 R.1(3), O.41 R.5(5)— Appeal against money decree - Stay to execution - Appeal filed without making deposit or furnishing security - Stay to execution of decree cannot be granted without making out exceptional case. I.A. No. 1624 of 2008 in C.F.A. No. 152 of 2008, D/-27-03-2008 and I.A. No. 4211 of 2008, D/-12-05-2008 (MP). Reveresed. Even if provisions of O. 41 R. 1(3) making predeposit of decretal amount or giving @page-SC1582 of security a Condition for filing appeal against money decree is held to be not mandatory, the purpose for which such a provision has been inserted should be taken into consideration. An exceptional case has therefore, to be made out for stay of execution of a money decree. The Parliamentary intent should have been given effect to where stay was granted. The High Court in the instant case, neither on ground that an exceptional case has been made out nor after arriving at the conclusion that predeposit would cause undue hardship to the appellant, passed the order of stay, the order was liable to be set aside.