Validity of court stay order
Querist :
Anonymous
(Querist) 15 December 2011
This query is : Resolved
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
Shailesh Kr. Shah
(Expert) 15 December 2011
validity of stay order much depend on that what court's order speak. There is no role of limitation act.
adv. rajeev ( rajoo )
(Expert) 15 December 2011
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.
V R SHROFF
(Expert) 15 December 2011
"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
Raj Kumar Makkad
(Expert) 15 December 2011
Until further orders on the matter of finalization of the pending suit.
Devajyoti Barman
(Expert) 16 December 2011
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.
Guest
(Expert) 16 December 2011
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.
