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Judgment
5 paragraphs · 91 words
1.
We have no doubt that the Court can only stay execution under Order 45, Rule 13(2)(c) after the grant of a certificate : for the admission of the
appeal. Rule 13(2)(c) refers to stay of execution of the decree appealed from. Until the admission of the appeal no decree can be said to have
been appealed from. This was the view taken in S.M. Bibijarao Kumari v. Gopichand Bothra 5 C.W.N. 562, differing from Dame Janbai v. Sale
Mahomed ILR (1894) B. 10.
2.
The petition is dismissed with costs.