Shahbaz Raza
Asked November 02, 2016

Can opposition get stay order?

  • 1 Answer
  • 584 Views

The hounarable Sub judge has passed an order for to vacate the suit land. Can our opposition bring stay from High court. plzz reply me the answer

Answer 1

A stay is a suspension of a case or a suspension of a particular proceeding within a case.

Cases in which it can be granted are where a property is in danger of being wasted, damaged or sold by any party to the suit. The Court can also order and grant a temporary injunction to prevent the wasting, damaging, alienation, sale, removal or disposition of the property.[1]

If the other party can prove that carrying out the order of the sub judge poses the above listed dangers, then the upper Court may grant stay.

In order to approach the High Court for stay, there are some conditions that need to be fulfilled. Such as, if the presiding Judge AND Court in charge is on leave. However, in certain cases, directly approaching the High Court is not barred, if special circumstances prevail.

 

[1] Order XXXIX of CPC

Agree Comment 0 Agrees almost 4 years ago

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