Obtaining the stay order from the court
Rajesh Tandon
(Querist) 24 November 2014
This query is : Resolved
CLARIFICATIONS ABOUT OBTAINING THE STAY ORDER FROM THE COURT
1. Normally the provisions relating to suit or injunction are governed by following provisions:-
(a) Stay Of Suit -Sec 10 CPC
(b) Injunction-
(i) Sec 133, 142 and 144 of CRPC in criminal matters.
(ii) Chapter VII of Part III of Specific Relief Act 1963.(Sec 36 to 42).
(iii) Sec 94 (C) and (e) of CPC containing the provisions for grant of temporary injunctions or make such interlocutory order as may appear to the court to be just and convenient to prevent the ends of justice being defeated.
2. The query
(a) Often it has been heard that a party claims that they will go to the court and seek the stay order . Example in one of the case the University changed the examination Centre and the students and certain colleges applied for the stay to the High Court against such order of University. Of course the court did not grant the stay which is altogether a different matter .Similarly in yet another incident an employee of the government was not given the justice and told to vacate the quarter wherein he has gone to court to seek the stay. The query is that how come one party can go to the court to seek to stay since sec 10 of cpc mentions about the stay of suit when suit is already pending. Similarly while Sec 94 (C) and (e) of CPC contain the provisions for grant of temporary injunctions or make such interlocutory order, the suit should be there in the court. Here even if the suit has not been filed, the party goes to the court to seek the stay, wherein one party feels that his right is being infringed upon and it will suffer irreparable injury. This is not understood as to how one can file an application for a stay to prevent the action by another party without suit pending in any court. As far as a specific relief act is concerned, I think that for seeking of any injunction, the matter is related to contract or property.
(b) Can a person whose right is infringed upon seek injunction under specific relief act on a matter of right not born out of property dispute or contract ?
(c) Is injunction or stay one and the same thing?
(d) If without pending suit and on infringement of the rights of the party, an application for the stay can be made to the court, I would request the honourable forum to attach a sample copy of such stay application which can be downloaded by me.
R.K Nanda
(Expert) 24 November 2014
consult local lawyer.
ajay sethi
(Expert) 24 November 2014
academic query
J K Agrawal
(Expert) 24 November 2014
Injunction order is generally known as stay order by the public.
Stay order is not possible without a suit.
The court initially grant a temporary injunction 'stay order' under order 39 Rule 1 and 2 CPC and after trial, grant a 'final stay order' that is called declaration of right or obligation.
The stay under section 10 CPC is not a stay order as understood by you. it is different type of stay.
High Courts and appeal court also grant stay order which means the lower court judgment will not be executed.
High Court may grant Stay under Writ Jurisdiction also which is totally a different thing. It is actually issuing a temporary or permanent prohibition writ.
Further the Chapter of Stay Order is very big issue and so many book already written on this point.
Rajesh Tandon
(Querist) 15 January 2015
Thank you very much Mr J C Agrawal, for you reply and guidance. Earlier one used to get intimation of reply of any expert on his/her mail which is no more happening. Probably that is how i missed out seeing your reply for sometime as i was hospitalised for quite some time. Regards.
