Stay Order and Injunction

Querist : Anonymous (Querist) 27 September 2010 This query is : Resolved
Que.1.I want to understand from Experts the difference between Stay Order and Injunction and under which sections of CPC these petitions can be filed for and to Vacate?

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Chanchal Nag Chowdhury (Expert) 27 September 2010
Order of Injunction may be of 2 types -prohibitory, i.e.restraining someone from doing any act & mandatory, i.e.commanding someone to do certain act in a certain way.
Stay order is passed by an appellate forum against an order passed by a judicial or quasi-judicial body restricting the operation of the order passed by such body.
Petitions can be filed for Injunction under Order 39 Rules 1&2 CPC while vacating/variation petitions can be filed under Order 39 Rule 4 CPC.

s.subramanian (Expert) 27 September 2010
Yes. I agree.

G. ARAVINTHAN (Expert) 03 October 2010
Stay can be by two ways -- one as sub judice and other by way of section 151 of CPC

Injunction by only one mode Order 39 Rule 1 and 2

Querist : Anonymous (Querist) 03 October 2010
Arvinthan sir, what is "one as sub judice" can you please elaborate ?

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