High Court Punjab-Haryana High Court

Punjab State Warehousing … vs Balbir Singh on 14 September, 1990

Punjab-Haryana High Court
Punjab State Warehousing … vs Balbir Singh on 14 September, 1990
Equivalent citations: (1991) 99 PLR 60
Author: G C Mital
Bench: G C Mital


ORDER

Gokal Chand Mital, J.

1. The revision is wholly mis-conceived. An application under Order 41 Rule 6 (2) of the Code of Civil Procedure (for short ‘the Code’), is maintainable only after Court orders sale of the property in execution of the decree. In this case the Executing Court has not been able to make attachment of the property of the Judgment debtor what to talk of sale.

2. In the grounds of revision No. 8, the following prayer of the judgment-debtor is contained :

“The present prayer is not for stay of the execution of the decree but for the acceptance of an adequate bank guarantee for the decretal amount till the final disposal of the RSA on merits.”

Such a prayer cannot be made to the ‘Executing Court under Order 41 Rule 6 (2) of the Code. However, such an order can be passed by the Appellate Court where this appeal is pending under Order 41 Rule 5 (1) of the Code.

3. For the reasons recorded above, the revision is dismissed with costs.