2013 AIR CC 1621 (GAU) ::(2013) 3 Gau LR 800 ::(2013) 4 Gau LT 177

Gauhati High Court

Hon'ble Judge(s): P. K. Saikia , J

( A ) Civil Procedure Code (5 of 1908) O. 21, R. 29 — Stay of execution of decree — Applicability of O. 21, R. 29 — Pre-conditions — Stay against execution of decree can be granted only if suit instituted by judgment-debtor against decree holder is in same Court — Suits instituted by decree holder and judgment-debtor were pending in different Courts with different pecuniary and territorial jurisdiction even though subject-matter in both suits was same — Stay cannot be granted.Unless this prime condition is fulfilled, Execution case, instituted by decree-holder cannot be stayed even if subject-matter in both cases happens to be one and same. Cases which fulfil requirement of Rule 29 of Order XXI of CPC, invocation of aforesaid provisions of law in not mandatory. Invocation of such a provision of law is optional. Use of word “may” in Rule 29, Order XXI of CPC confirms more and more such a proposition. (2004) 13 SCC 667, (2005) 3 SCC 442, Disting. AIR 1973 SC 528, AIR 1999 Pat 48, Rel. on. (Paras17 18 1920).....