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Validity of court stay order (Civil Law)

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This query is : Resolved


Author : Anonymous

Posted On 15 December 2011 at 15:09

Dear Sir/Madam,
I want to know the validity of Saty order issued by lower court?

Whether any maximum time period have been specified in limitation act regarding validity of the stay order?

Whether it will revoke automatically or order by the court or anything else?

Thank & Regards
Antony




Expert : Shailesh Kr. Shah

Posted On 15 December 2011 at 15:15

validity of stay order much depend on that what court's order speak. There is no role of limitation act.



Expert : adv. rajeev ( rajoo )

Posted On 15 December 2011 at 16:16

Validity depends on the order passed by the court.
Normally court passes an order till the apperance of the defendants or till filing of objections and ws or till the disposal of the suit.



Expert : M.Sheik Mohammed Ali

Posted On 15 December 2011 at 16:37

yes, i do agree expert query reply



Expert : V R SHROFF

Posted On 15 December 2011 at 17:06

"Normally court passes an order till the appearance of the defendants or till filing of objections and WS"as rightly suggested by Shri Rajeev,

That is a Status Quo, till WS is filed, and vacated on appearance and filing WS. Or Say of Defendant in Civil Suit.it vacates automatically.

Ad-interim Injunctions are passed, till Defendant file Say, and Court inclined to vacate injunction.

Order under on Ex-5, for Stay Order is the Order last till hearing and final disposal of the Court Proceedings. It ends on finally deciding the Rights of the party, i.e. at the end of the suit. but as this Suits order are Appeal able Orders, it In case a permanent restraining order is passed, it is Permanent.

Wordings are important factors to understand validity and limitation of Stay Order.
Adv Shroff
15-12-2011



Expert : raj kumar makkad

Posted On 15 December 2011 at 23:45

Until further orders on the matter of finalization of the pending suit.



Expert : Devajyoti Barman

Posted On 16 December 2011 at 08:18

Generally it given till the disposal of the suit or proceedings and it is extended from time to time till it is vacated or the case is finally disposed of.



Expert : PS Dhingra, dcgroup1962@gmail.

Posted On 16 December 2011 at 14:39

If no fixed date is specified that would automatically expire after judgment of the case, otherwise would remain valid only till the date specified therein or on vacation by specific order before that date.


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