- (1.) Challenge in this appeal is to the order passed by the Division Bench of the Kerala High Court. By the impugned order the High Court in exercise of jurisdiction under order XLI Rule 1(3) of the Code of Civil Procedure, 1908 (in short the "CPC") directed the appellant to deposit a sum of Rs.5,00,000/- in trial court within a particular time. Appellants question the correctness of the order on the ground that the High Court could not have referred to Order XLI Rule 1(3) in the absence of any application for stay.
(2.) Learned counsel for the respondents on the other hand supported the order of the High Court.
(3.) Undisputedly, in the present case there was no application for stay filed. A few decisions of this Court being relevant need to be noted.;