Where a suit is pending in any Court against the holder of a decree of such Court [or of a decree which is being executed by such Court] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] , on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been decided : [Provided that if the decree is one for payment of money, the Court shall, if it grants stay without requiring security, record its reasons for so doing.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]

High Court Amendments-[Allahabad].-(i) Insert the words "or any person whose interests are affected by the decree, or by any order made in execution thereof" after the words "was passed" and before the words "the Court may". (ii) Delete the words "on such terms as to security or otherwise" occurring in the rule; (iii) Substitute "if" for "as" before "it thinks fit"; and (iv) Add the following as proviso "Provided that in all cases where execution of the decree is stayed under this rule the Court shall require the person seeking such stay to furnish such security as it may deem fit."-(1-6-1957). [Karnataka].-Delete rule 29 and substitute the following: "29. Where a suit is pending in any Court against the holder of a decree of such Court instituted by the person against whom the said decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, stay the execution of the decree until the pending suit has been decided."-(R.O.C. No. 2526/1959, dated 9-2-1967).

Mode Of Execution

Where a suit is pending in any Court against the holder of a decree of such Court [or of a decree which is being executed by such Court] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] , on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been decided : [Provided that if the decree is one for payment of money, the Court shall, if it grants stay without requiring security, record its reasons for so doing.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]

High Court Amendments-[Allahabad].-(i) Insert the words "or any person whose interests are affected by the decree, or by any order made in execution thereof" after the words "was passed" and before the words "the Court may". (ii) Delete the words "on such terms as to security or otherwise" occurring in the rule; (iii) Substitute "if" for "as" before "it thinks fit"; and (iv) Add the following as proviso "Provided that in all cases where execution of the decree is stayed under this rule the Court shall require the person seeking such stay to furnish such security as it may deem fit."-(1-6-1957). [Karnataka].-Delete rule 29 and substitute the following: "29. Where a suit is pending in any Court against the holder of a decree of such Court instituted by the person against whom the said decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, stay the execution of the decree until the pending suit has been decided."-(R.O.C. No. 2526/1959, dated 9-2-1967).

Mode Of Execution