Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Executing Court cannot decline execution of decree simply on the ground that an appeal has been filed against the decree - Remedy of petitioner is to approach Appellate Court to seek relief regarding stay of execution of decree and said plea of petitioner was to be considered by Appellate Court in accordance with..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3) -- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to formulate the..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand of case - Order of remand cannot be made on ground that judgment did not discuss the evidence with reference to several issues and that it contravened the provision of O.20.R.5 of the Code...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal from decree - Stay of decree - Imposition of condition - Held, an order imposing a condition of deposit at the time of granting stay of decree appealed from is an order in equity and not in law - Condition is imposed to afford reasonable compensation to party successful at the end of appeal - Purpose of order is not to..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal from decree - Stay of decree - Imposition of condition - Held, appellant cannot be heard to contend that it accepts order insofar as it stays execution but objects to conditions...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of operation of the judgment, order and decree - It has the same effect as stay of execution of decree - Power of stay of operation of judgment, order and decree may not be technically available U.O.41.R.5 CPC but is traceable to S.151 CPC - Wherever any judgment, order and decree is likely to visit a party with civil..........
Civil Procedure Code, 1908, Order 41, Rule 5(3)(5) -- Appeal - Stay application - Rejection of - Validity - Application for interim protection rejected in limine without granting any time to applicant either to deposit decretal amount or to furnish security - Held, had appellate Court fixed sometime limit, either to deposit decretal amount or to furnish security and..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Eviction decree - Second appeal of defendant admitted - Eviction stayed during pendency of appeal subject to terms and conditions...........
Civil Procedure Code, 1908, Section 145, Order 41, Rule 5, Contract Act, 1872, Section 134 -- Bank guarantee - Appeal disposed of - Retention of - Petitioner furnished a bank guarantee in FAO in terms of order passed by HC - FAO disposed of - A plea raised by petitioner for release of bank guarantee was disposed of by ADJ by ordering that bank guarantee shall be released..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay - Where serious civil consequences follow from an order, it is imperative for the Appellate Court to suspend the operation of the order more so when appeal is admitted...........
