order 21 rr 26,29,42,47,order 41 r 5
kuldeep kumar
(Querist) 18 July 2011
This query is : Resolved
which court can order discharge of JD under rule 26(2).is it appellate court? i hold opinion that discharge of JD in execution proceedings can be by way of appeal so discharge of jd in rule 26 means appellate court.under rule 26 transferre court acts on the orders of either court of 1st instance or appelalte court.am i right.second question is if which court to grant stay under rule 29 i think it is also transferre court.but if suit is pending in some court other than court of first instance then what power that 3 court can exercise in relation to execution?.if we think other wise it should be the trasferre court to deal with all matter by virtue of sec 47.but if objection goes to check validity of decree then comes role of other courts,be it appellate court or court of first instance. CAN SOMEBODY GIVE ME CORRECT FACTUAL POSITION
kuldeep kumar
(Querist) 18 July 2011
I THINK EVERY MEMBER OF LAWYER CLUB INDIA IS GOL ABOUT THIS QUESTION.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 July 2011
People jump for giving advice for police action and all sort of other actions and what not if a wife of an unknown person is alleged to be threatened by an advocate whether right or wrong.
But really they have no time to answer a real legal querry like yours.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 July 2011
Please give more details of law you are referring such if CPC , pl give order than section for proper answer.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 July 2011
Yes you have given in the heading.Order 21 is for the court which passed the decree and also the executing court.
Under order 41 rule five the lower court during the process of filing appeal and appeallate court after filing the appeal can grant stay of execution.
kuldeep kumar
(Querist) 18 July 2011
i have succintly summed up what i want to ask.i m simply asking everything related with stay and discharge
niranjan
(Expert) 18 July 2011
I think first it is O.4l,5(2) and then 41,5(1) i.e.the court which passed the decree and then appellate court.
kuldeep kumar
(Querist) 18 July 2011
provision for question regarding stay of executions are well contained in cpc but owing to some defect in reading them we may entertain doubts.o41 vest power in appelaate court finish.o 21 vest power both in court of first instance and appelate court.now we see o21 r 26 which is nothing but grants stay for reasonable time by transferee court only for obtaing such orders of those courts which might have been made by those courts but could not have been made.so transferee court allow such person to obtain such orders.as regards rule 29 order 21 position is diferernt.in this rule also original power to stay execution is also with transferee court but only when suit is pending in any court.
kuldeep kumar
(Querist) 18 July 2011
pls read it and give me comment back if i m wrong.
