Enforcement of Court Orders Act, 1926.



Stay of execution in certain cases.

21.—(1) Whenever judgment shall be given by any court for payment of any sum of money by way of debt or damages by any person (in this section referred to as the debtor) and the court shall be satisfied at the time of giving of such judgment—

(a) that the debtor is unable to discharge by an immediate payment in full the said sum of money, and all costs payable by him under the said judgment; and

(b) that such inability is not occasioned by the debtor's own conduct, act or default; and

(c) that there is reasonable ground for granting to the debtor an extension of time in which to pay the said sum of money and costs,

the court may stay the execution of the judgment for such time and upon such conditions as shall appear to the court to be reasonable.

(2) The conditions upon which a stay of execution may be granted under the foregoing sub-section may include a condition that the said sum of money and costs shall be paid by the debtor by such instalments and at such times as the court may appoint, and that upon failure by the debtor to pay an instalment the stay shall cease.

(3) In this section the word “judgment” shall include decree and order.