S.S.SUDHALKAR,J - (1.) NOTICE of motion. Notice regarding stay also. Mr. Y.K. Bhagirath, Advocate, who is present in court accepts notice and states that he wants to contest the revision petition and the stay application.
(2.) BY the consent of both the parties the matter is heard today. This revision is directed against the order of the learned appellate authority, Ludhiana, in rent appeal No. 1 dated 3.1.2000 passed on 27.4.2000. The rent appeal was filed by the tenant with an application for condonation of delay. During the pendency of the hearing of the application for condonation of delay, an application, copy of which is Annexure P-1, was given by the tenant for stay. The stay application was dismissed by the impugned order and hence the revision petition has been filed.
(3.) THE learned appellate authority has dismissed the application for stay relying on Order 41 Rule 3-(A)(3) of the Code of Civil Procedure (hereinafter referred to as the 'Code'), which reads as under :- "(3) Where an application has been made under sub-rule (1), the Court shall not make an order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under rule 11, decide to hear the appeal." ;