Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Mere filing of appeal does not operate as stay of execution - Appellate Court can grant stay of execution for sufficient cause and that if stay is not granted party will suffer substantial loss - Stay can be granted when application is filed without unreasonable delay and security is..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Stay can be granted on satisfying the explanation of sufficient cause, subject to conditions of satisfying with substantial loss may result to party applied for stay, unless there is stay of execution and made applications for stay without unreasonable delay and has been undertaken by applicant..........
Civil Procedure Code, 1908, Section 144, Order 41, Rule 5 -- Provisions of Section 144 - Mandatory - Stay of execution of decree for possessio, Court to exercise its discretion in accordance with provisions of Order 41 Rule 5 - Party not in possession obtained possession in execution of erroneous decree reversed in appeal - Cannot be granted stay of restitution during..........
