Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - Where judgment or decree injuncts either of parties before Court from performing any particular act, ordinarily, no stay of such an order can be sought as it would amount to placing the clock back and restoring status quo ante...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of a judgment and decree during pendency of appeal - An order which restraint dis-possession cannot, ordinarily, be stayed at an interlocutory stage in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Stay of a judgment or decree is a concept unknown to law - What can be stayed is the operation or execution of a judgment or decree...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Scope - Provision of O.41.R.5 CPC provides for only stay of proceedings under a decree or stay of execution of decree - Provision does not empower appellate Court to stay operation of judgment...........
Civil Procedure Code, 1908, Order 41, Rule 5(3) -- Stay of execution by appellate Court - Partition decree - Decree appealed is decree in partition suit which only decides right of parties and share and it is not the money decree - Provisions of O.41.R.5(3) CPC thus, not applicable - Impugned order set aside...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order passed against third party purchasers through joint owners - When acts of joint co-owner along with other defendants/purchasers and depriving rights of plaintiff as co-owner having joint possession of property, suit for..........
Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 41, Rule 25 -- Framing of additional issues - If for any reason an issue is not raised, nothing prevents parties or their counsel from applying to Court for raising an additional issue - It is of no use if any amount of argument is advanced in appeal if a party has failed to avail this..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Sale deed executed despite stay order on account of a material lapse on part of Ahlmad who furnished an incorrect report to the effect that there is no stay of judgment and decree in question - JD/defendant cannot be blamed for such incorrect information - Sale deed in..........
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 -- Stay of execution by Appellate Court - Decree for declaration of title and recovery of possession - Dispossession during pendency of appeal of a party in possession is generally to be substantial loss to party applying for such stay - Application for stay of execution rightly allowed...........
