CPC

Section 26. Findings and evidence to be put on record. Objections to findings

In force · As amended up to 2026-08

26. Findings and evidence to be put on record. Objections to findings.— (1) Such evidence and findings shall form part of the record in the suit; and either party may, within a time to be fixed by the Appellate Court, present a memorandum of objections to any finding. (2) Determination of appeal.— After the expiration of the period so fixed for presenting such memorandum the Appellate Court shall proceed to determine the appeal. 1[26A. Order of remand to mention date of next hearing.— Where the Appellate Court remands a case under rule 23 or rule 23A, or frames issues and refers them for trial under rule 25, it shall fix a date for the appearance of the parties before the Court from whose decree the appeal was preferred for the purpose of receiving the directions of that Court as to further proceedings in the suit.] 26. 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 passed, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto. (2) Where the property or person of the judgment-debtor has been seized under an execution, the Court which issued the execution may order the restitution of such property or the discharge of such person pending the result of the application. (3) Power to require security from, or impose conditions upon, judgment-debtor.— Before making an order to stay execution, or for the restitution of property or the discharge of the judgment-debtor,[1] [the Court shall require] such security from, or impose such condition upon, the judgment-debtor as it thinks fit. making an order to stay execution, or for the restitution of property or the discharge of the

Source: India Code