Civil Procedure Code, 1908, Order 41, Rule 6(2) -- Stay of sale - Appeal pending - Application is to be filed first in the executing Court and not to the Court where an appeal is pending - Order passed U.O.41.R.6(2) is appealable...........
Civil Procedure Code, 1908, Section 115 -- Stay of execution by appellate Court is not case decided - No revision lies...........
Civil Procedure Code, 1908, Section 115, 10 -- Order on an application u/s 10 CPC refusing to stay suit amounts to case decided and revision lies thereto - Held, that the expression `case' is of much wider amplitude than the word `suit'. Whereas the interlocutory order in a suit does not amount to case decided, the final disposal of an application u/s 10 of the Code of..........
Civil Procedure Code, 1908, Section 10 -- Application for stay of suit - Normally the Court does not consider the application before the written statement is filed but when a copy of the plaint of the previously instituted suit is annexed to the application, the application shall be considered...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Immaterial whether application made in execution side or on the original side - Necessary that the order is to be passed by the court which passed the decree and in which the suit is pending...........
Civil Procedure Code, 1908, Section 10 -- Two suits - Against each other - Parties same - Subject matter same - Later suit more comprehensive in nature - Stay of later suit cannot be granted...........
Civil Procedure Code, 1908, Section 47 -- It is not the duty of the Court to ask D H. to bring stay orders from the H.C. - Court not obliged to wait until stay orders were obtained...........
Civil Procedure Code, 1908, Section 10, 151 -- The Court have got inherent powers to stay the proceedings before them even if the case does not squarely falls within the purview of S.10 CPC...........
Civil Procedure Code, 1908, Section 115 -- Order not vitiated by any error of jurisdiction - No interference - Held that `I do not think that I can disturb the said finding in my revisional jurisdiction, as the appellate order is not vitiated by any error of jurisdiction There is one other reason why I should not interfere at this stage. The receiver has already taken over..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Order of stay - Operates not on the date of its passing but when it is made known to the Court concerned...........
