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Civil Procedure Code (V of 1908)-- -- O. XXI, r. 26 read with Ss. 38 & 47--Execution of decree-Stay-Suit for possession of land through pre-emption decreed against petitioner and others--Executing Court dismissing petitioner's application for stay of execution proceedings filed on ground of suit having been decreed only for a portion of such land-Petitioner however not stating in stay of execution his intention to approach trial Court or appellate Court for obtaining stay order against execution of decree-Suit having bcen decreed for entire land, execution Court, held, could not go behind decree sought to be executed and petitioner's application for stay of execution proceedings rightly dismissed by executing Court.-[Decree]. ORDER Ilam Din son of Muhammad Din and Siraj Din son of Muhammad Bakhsh, who are respondents in this civil revision, filed a suit for possession of 103 kanals and 10 marlas of land through pre-emption. Chiragh Din and nine others including the petitioner, Ilam Din son of Mehr Din, were defendants in that suit. The suit was decreed by a Civil Judge on the basis of a compromise entered into by the parties. When the respondents filed an application for execution of the decree, the petitioner made an application under Order XXI, rule 26 of the Code of Civil Procedure, for stay of the! execution proceedings, contending that the suit was decreed in respect of land measuring 58 kanals and 12 marlas and not 103 kanals and 10 marlas. His' application was, however, dismissed by the executing Court. On this, the petitioner went in appeal before an Additional District Judge but in vain. He has, therefore, come up in revision to this Court. 2. Rule 26 of Order XXI of the Code of Civil Procedure reads as follows; "When Court may stay execution.-(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…

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