“A person should not be deprived of the fruits of his decree merely because suits of the frivolous character are instituted and litigants are out after further series of litigations”
The Chhattisgarh High Court has observed that stay of execution of decree pending suit between decree-holder and judgment-debtor shall be granted only in exceptional and extraordinary cases.
Order XXI Rule 29 of the Code of Civil Procedure (CPC) empowers the executing court to stay the execution of the decree until the pending suit between the judgment debtor and decree holder is decided.
Justice Sanjay K Agrawal, in Sayed Nair Hasan vs. Santi Singh, observed that a decree-holder should not be deprived of the fruits of the decree except for good reasons. “A person should not be deprived of the fruits of his decree merely because suits of the frivolous character are instituted and litigants are out after further series of litigations. The decree must be allowed to be executed, and unless an extra-ordinary case is made out, no stay should be granted. Even if stay is granted, it must be on suitable terms so that the earlier decree is not stifled,” the court said.
The court added that, while considering such an application, rigorous test is to be applied and the applicability of Order 21 Rule 29 of the CPC cannot be taken lightly and as a matter of right and discretion to exercise the power should be granted only in exceptional and extraordinary case made out by the judgment-debtor.
In the facts of present case, the court observed: “Merely on the ground of pendency of civil suit stating the decree passed earlier is not executable, Order 21 Rule 29 of the CPC is sought to be invoked. There is no averment in the application that decree earlier granted was passed on the basis of fraud played or on the basis of misrepresentation or any other strong or exceptional ground is pleaded to stay the operation of decree granted earlier. No such extraordinary case is made out to grant stay of execution of decree.”
Taking note that the decree is pending execution for past 15 years, the bench directed the executing court to execute the decree within two months.