Validity of court stay order

This query is : Resolved 

Querist : Anonymous (Querist)
15 December 2011

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

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.

M.Sheik Mohammed Ali (Expert)
15 December 2011

yes, i do agree expert query reply

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 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

raj kumar makkad (Expert)
15 December 2011

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

Devajyoti Barman (Expert)
Click to Talk
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.

Dhingra, (Expert)
Click to Talk
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.

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