Agajan Saheb vs Abdul Majid Khan Saheb

Schwabe, C.J.—This is an appeal from an order of Kumarasawmi Sastri, J., who baa stayed execution of a decree for Rs. 4,000, against the person of the judgment-debtor, on terms of his paying Rs. 200 within 14 days, until the judgment-creditor proceeds in execution and sells the judgment-debtor''s Immovable property. The judgment-creditor says that the Immovable property is worth nothing, it being mortgaged for more than its full value. The judgment-debtor says that he cannot find a purchaser for it, but that he does not want to risk himself going to prison.

I can find no power in the Judge to make such an order. It is for the judgment-creditor to elect his remedies in execution, subject, of course, to such rules as there may be, governing a particular case ; but our attention has been called to no rule at all, which would justify such an order as this. In my view, the order was wrong, and the appeal must be allowed with costs and the petition dismissed with cost.

Waller, J.

I agree.