THE LUXMI GINNING AND OIL MILLS, KHANNA AND ANOTHER Vs. M/S SUGRU MAL KARAM CHAND, COMMISSION AGENT MACHHIWARA AND OTHERS

JUDGEMENT

(1.) THE Plaintiff Respondent M/s Sagru Mal Karam Chand, got a money decree against the Defendants i.e., The Luxmi Ginning and Oil Mills and others, for the recovery of Rs. 1,64,816.15, from the the trial Court vide decree dated February 11, 1988. The Defendants -Petitioners filed an appeal against the said decree of the trial Court While admitting the appeal, the learned District Judge, Ludhiana. passed the following order, -

(2.) ACCORDING to the learned Counsel for the Petitioners, the only effect for not depositing the decretal amount as directed by the lower appellate Court, would be that the Petitioners will not be entitled to the stay of the execution of the decree passed by the trial Court. In support of the contention, the learned Counsel relied upon Pehlad v. Dalai Singh, (1978) 80 P.L.R. 125; Union of India v. Jagan Nath Radhey Shyam & Co., (1979) 81 P. L.R. D. 50. and Himachal Road Transport Corporation v. Sushila Devi : A.I.R. 1986 H.P 78.

(3.) IN Pehlad's case (supra), after introduction of Order XLI Rule 1(3) by the legislature, this Court considered its effect in paragraph 9 of the judgment as follows: -