- Date 24 Dec 2020
- Category Civil Law
ABOUT THIS PROJECT
In this article, we’ll discuss about the meaning of a Stay Order, how it’s granted, who grants it, cases during which it’s going to be granted, and lastly the procedure to file for stay order.
Meaning of Stay Order: it’s the act of temporarily stopping a litigation through the order of the court. it’s a suspension of a case or suspension of a specific proceeding within a case.
Meaning of Stay of execution: Stay of execution means to suspend the enforcement of a judgment or order until something else happens like, an appeal are often heard. Proceedings also can be stayed absolutely or conditionally.
Who and grants Stay order and when? A judge may grant a stay the motion of a celebration to the case or issue a stay suo motu (on its own motion), even without the request of a celebration . Courts generally grant a stay order during a case when it’s necessary to secure the rights of a celebration .
Power of Courts: Every court has inherent powers to temporarily suspend the proceedings in any action where the Plaintiff is in default or has disobeyed any lawful order of the court.
Cases during which a short lived injunction could also be granted: Order XXXIX of Coe of Civil Procedure, 1908 talks about. It says that a court may order and grant an interlocutory injunction to restrain such act, or make such other order for the aim of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property because the Court thinks fit, until the disposal of the suit or until further orders, where in any suit, it’s proved by affidavit or otherwise –
A. That any property at issue during a suit is in peril of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or,
B. That the defendant threatens, or intends, to get rid of or eliminate his property with a view to 2[defrauding] his creditors,
C. That the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in reference to any property at issue within the suit,
Stay Order Instances: A stay order could also be made within the following cases –
1. Against a purchase (Order 21, Rule 59 )
2. Against an organization (Order 30)
3. Suit involving a minor (Order 32)
4. Inter-pleader suits (Order 35)
5. Summary Suits (Order 37)
6. just in case of regard to supreme court (Order 46)
Procedure to urge Stay Order: The procedure is straightforward . it’s stated below –
1. you only need to approach the court with proper documents of the property.
2. Convince the court while the case goes on of those three things:
i. That if a stay order isn’t granted, then you’ll need to bear irreparable loss which will injure you or it’s going to make the judicial proceedings complicated.
ii. That the appliance has been made without unreasonable delay
iii. That the safety has been given by the applicant for the due performance of such decree of or as may ultimately be binding upon him.
3. If the court is satisfied and believes you from the clear proofs, then it’ll grant a stay order.
4. just in case , the court doesn’t grant the stay order, then you’ll file revision/appeal before the upper Court.
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