Stay of execution (Rule 26 – 29)

Rule 26: When Court may stay execution—

(1) The Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto.

(2) Where the property or person of the judgment-debtor has been seized under an execution, the Court which issued the execution may order the restitution of such property or the discharge of such person pending the result of the application.

(3) Power to require security from, or impose conditions upon, judgment-debtor—Before making an order to stay execution or for the restitution of property or the discharge of the judgment-debtor, the Court shall require] such security from, or impose such conditions upon, the judgment-debtor as it thinks fit.

Rule 27: Liability of judgment-debtor discharged—

No order of restitution or discharge under Rule 26 shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree sent for execution.

Rule 28: Order of Court which passed decree or of Appellate Court to be binding upon Court applied to—

Any order of the Court by which the decree was passed, or of such Court of appeal as aforesaid, in relation to the execution of such decree, shall be binding upon the Court to which the decree was sent for execution.

Rule 29: Stay of execution pending suit between decree-holder and judgment-debtor—

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], 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.

IMPORTANT CASE LAWS

1. Vacation on stay of Execution:

Surjit Singh v. Nanak Singh, (2007) 14 SCC 587 : “………when the matter had already been admitted after formulating substantial question of law, while disposing of the petition for vacating stay, it was not proper for the High Court to observe that the second appeal was concluded by concurrent finding of fact and vacating the order of stay on that count.”

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