“It appears to us that the object of Order VII Rule 12(2) (supra) is for the Court, before hearing an application for a stay, to assure itself that the application was genuine and that the applicant has not applied to the Court for a stay merely with the object of delaying or preventing the successful party from reaping the fruits of his judgment. The conduct of the applicant that he is anxious to have the matter finally determined in the Supreme Court will be judged (although it is not conclusive) by the fact that he has entered his appeal in the Supreme Court. When, however the applicant has filed his notice of appeal in the High Court and has followed it up by an application for a stay of execution in that Court and his application is refused, his determination to appeal is manifested by his second application to this Court when it is clear that he genuinely wished to appeal but it was not possible within that period to get the record of appeal ready in the High Court and it will be an injustice if he were deprived the opportunity of putting his application before the Court.”
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