Implications

Querist : Anonymous (Querist) 22 October 2011 This query is : Resolved
stay was granted in High court, subsequently, the suit is abated for not bringing the legal heirs within 90 days,

What is the implication on Stay grated in this case? Stay automatically got vacated?

The plaintiff has filed the application for condolation of delay for bringing the legal heirs.

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Advocate Bhartesh goyal (Expert) 22 October 2011
As soon as your suit got abated stay order granted therein deemed to be vacated means No Stay Order exists.

Nadeem Qureshi (Expert) 22 October 2011
Advocate Goyal is right

Arun Kumar Bhagat (Expert) 22 October 2011
When there is stay then how the legal heirs can be brought because the matter shall not proceed. Subsequent passing of order of abating becomes illegal and liable to be set aside.

ajay sethi (Expert) 22 October 2011
was it a blanket stay? or a dinterim injunction was granted restraining creating of third party rights . ?

you have to state detailed facts of your case

prabhakar singh (Expert) 24 October 2011
IN THE INSTANT CASE THE SUBSTITUTION WAS REQUIRED TO BE MOVED FIRST IN HIGH COURT IT SELF,IF NOT MADE EVERY THING STANDS ABATED.

THERE WAS NO POINT TO MOVE SUBSTITUTION OR DELAY CONDONATION IN A STAYED SUIT,IT MUST HAVE BEEN MOVED IN THE CASE WHERE THE PROCEEDING WERE PENDING AT THE TIME OF DEATH.

Devajyoti Barman (Expert) 24 October 2011
Yes Rightly advised.

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