THE FIRST SCHEDULE · ORDER XXI Execution of Decrees and Orders · Stay of execution

Order XXI Rule 26: When Court may stay execution

The Code of Civil Procedure, 1908

(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, ¹[the Court shall require] such security from, or impose such condition upon, the judgment-debtor as it thinks fit.

Footnotes in the official text

1.Subs. by Act 104 of 1976, s. 72, for “the Court may require” (w.e.f. 1-2-1977).

Questions on this rule

1 question in 9 of our papers cite Order XXI Rule 26. Try these from the free papers:

1. Consider the following statements under Order XXI of the Code of Civil Procedure, 1908: 1. The Court to which a decree has been sent for execution may stay its execution for a reasonable time only if the judgment-debtor first deposits the whole decretal amount. 2. An order under Rule 26 discharging the judgment-debtor pending his application does not prevent him from being retaken in execution of the decree. 3. An order of the Court which passed the decree, in relation to its execution, is binding upon the Court to which the decree was sent for execution. 4. Where execution of a money decree is stayed under Rule 29 pending a suit by the judgment-debtor against the decree-holder, and no security is required, the Court must record its reasons. Which of the statements given above are correct?

Practise questions on Civil Procedure Code