a suit for possession was filed by the land lord against the tenant, when the case was posted for judgment, the tenant has filed application to set aside the exparte order, and prayed for the permission to takepart in the proceedings, but the application was rejected, the court has given the reason that the "once the suit is posted for judgment cannot be reopened", judgment was pronounced against the tenant.
tenant has filed the appeal, got stay order.
the stay order passed by the appellant court is as follows:
"the execution and operaion of the judgement and decree passed in O.S---/-- dated--/--/-- on the file of the ----- are hereby stayed till next date pending disposal of IA No.1"
subsequently the land lord has filed the execution petition, the tenant has appeared before the executing court and has filed the certiied copy of the stay order, the learned judge and the learned counsel for the Decree-holder(land lord) are saying that the stay order is not in force as it is stayed only till next date of hearing, contention the JDR is that it is stayed till pending disposal of the IA,
(judge is asking for the citation!)
what is your opinion is the order is stayed only till next date of hearing or till disposal of the IA-1?
Daer Jitendra
Yes there is clear ambiguity in the judgement but in my view court is supposed to take wide interpretation of the same and it will imply stay till disposal of IA.
Sanjay Singh Thakur
Advocate
