Civil Procedure – Execution of Decree – Order IX Rule 13 CPC – Conditional Setting Aside of Ex Parte Decree – Non-payment of Costs – Execution Not Liable to Be Stayed Where an ex parte decree is set aside subject to payment of costs, but the judgment-debtor fails to comply with the condition despite repeated opportunities, dismissal of the application under Order IX Rule 13 CPC results in revival and finality of the decree. In such circumstances, the executing court is justified in refusing to stay execution proceedings, and pendency or dismissal of subsequent applications seeking restoration or condonation of delay does not bar execution.

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Civil Procedure – Execution of Decree – Order IX Rule 13 CPC – Conditional Setting Aside of Ex Parte Decree – Non-payment of Costs – Execution Not Liable to Be Stayed

Where an ex parte decree is set aside subject to payment of costs, but the judgment-debtor fails to comply with the condition despite repeated opportunities, dismissal of the application under Order IX Rule 13 CPC results in revival and finality of the decree.

In such circumstances, the executing court is justified in refusing to stay execution proceedings, and pendency or dismissal of subsequent applications seeking restoration or condonation of delay does not bar execution.

Civil Revision – Article 227 – No Illegality in Execution Order

In the absence of any illegality or jurisdictional error in the executing court’s refusal to stay execution, interference under Article 227 of the Constitution of India is not warranted.

(Paras 2–5)

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RATIO DECIDENDI

When an ex parte decree is conditionally set aside on payment of costs and the judgment-debtor fails to comply with the condition despite repeated opportunities, resulting in dismissal of the application under Order IX Rule 13 CPC and of subsequent restoration applications, the decree remains executable, and refusal by the executing court to stay execution does not suffer from any illegality warranting interference under Article 227.