Stay of Execution -- Ex Parte Decree -- Recovery Suit -- Security -- Bank Guarantee -- Condition of Furnishing Security Valid
Where execution of an ex parte decree in a recovery suit was stayed subject to the condition of furnishing security or bank guarantee equal to the decreetal amount, such condition was held to have sufficiently secured the interest of the plaintiff against any uncertainty regarding recovery of the decreetal amount. The imposition of such a condition cannot be termed illegal or arbitrary, particularly when the decree had been passed nearly 17 years prior to the stay order. The conditional stay was therefore upheld as just and reasonable in the circumstances -- CPC, 1908 -- Order 21 Rule 26.
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