Fateh Singh vs Hari Chand and Ors .

Alok Singh, J.—Learned Counsel for the Petitioner states that learned trial Court has dismissed the suit of the Plaintiffs seeking declaration, however, decreed the counter-claim of the Defendants seeking possession and mesne profit. Learned Counsel for the Petitioner further states that first appellate Court has stayed the operation and effect of the decree passed in favour of the Defendant/Petitioner in his counter-claim without directing the Defendants to deposit the mesne profit granted by the trial Court.

In the opinion of this Court, as per Order 41 Rule 1 Sub-rule 3 CPC, no appeal against money decree is maintainable unless and until amount is deposited. Further as per Order 41 Rule 5 CPC, money decree should not be stayed unless and until decretal amount is deposited or security thereof is furnished to the satisfaction of the appellate Court.

Present petition is disposed of with the liberty to the Petitioner/Respondent to move an appropriate application before the appellate Court to call the Appellant to deposit the decrial amount or to furnish security before the appellate Court to the satisfaction of the appellate Court. On such application being moved, appellate Court shall decide the same in accordance with law.