Urgent-Order 22 rule 6
Rekha.....
(Querist) 07 May 2009
This query is : Resolved
Hello Respected Members of the Forum
Would u please guide us that if Oder passed under order 22and rule 6 of CPC. V decided to prefer appeal for the same. Where V hv to appeal? Before the District & Sessions judge or High Court? Please its very urgent as V hv to file the appeal tomorrow.( the order is against us)
A V Vishal
(Expert) 07 May 2009
Stay of execution
26. When Court may stay execution
(1) the Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto.
(2) Where the property or person of the judgment-debtor has been seized under an execution, the Court which issued the execution may order the restitution of such property or the discharge of such person pending the result of the application.
(3) Power to require security from, or impose conditions upon, judgment-debtor-Before making an order to stay execution, or for the restitution of property or the discharge of the judgment-debtor, 1[the Court shall require] such security from, or impose such conditions upon, the judgment-debtor as it thinks fit.
Swami Sadashiva Brahmendra Sar
(Expert) 08 May 2009
an order uder R. 6 of Or. 22 is not appeallable (see or. 43). go for revision to District judge or high court as s. 114 permits in your State.
Swami Sadashiva Brahmendra Sar
(Expert) 08 May 2009
sorry fir misprint. plz read s. 115 in place of 114. see state amendment, if any, of your State. as per cetral code you have to file revision before high court.
PALNITKAR V.V.
(Expert) 09 May 2009
Appeal i snot maintainable. You have to file revision either in District Court or in HC depending on the laws prevailing in your State as pointed out my Learned Tripathiji.
