Code of Civil Procedure, 1908–Order 21, Rule 29–Scope–Provision does not presuppose pendency of both the proceedings in the same Court–Execution Court is well within its jurisdiction to stay the execution proceedings even if any suit is reported to be pending before any other Court–Findings of Execution Court over this aspect are erroneous and liable to be set aside–However, the suit has been filed by the petitioner challenging the decree of partition on the ground that it was obtained by concealment of facts–Issue of concealment of facts has already been considered in second appeal and findings have attained finality–Therefore, no ground is found for stay of proceedings in execution.
