The Code Of Civil Procedure 1908
Order 21 :
Stay Of Execution :
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.
State Amendment :
High Court Amendments-[Allahabad] :
For "may" in sub-rule (3), read "shall, unless good cause to the contrary is shown".-(24-7-1926).
[Calcutta] :
In sub-rule (3), rule 26, Order 21, cancel the words "the Court may require such security from, or impose such conditions upon the judgment-debtor as it thinks fit", and substitute therefor the following words:
"the Court shall require security from the judgment-debtor unless sufficient cause is shown to the contrary".
[Delhi] :
Same as that of Punjab.
[Gauhati] :
Same as that of Calcutta.
[Himachal Pradesh] :
Same as that of Punjab.
[Madhya Pradesh] :
Same as that of Allahabad-(16-9-1960).
[Patna] :
In sub-rule (3), for the words "the Court may", suostitute the words "the Court shall, unless sufficient cause is shown to the contrary".
[Punjab] :
Same as that of Patna.
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