stay application
S.Sivakumar
(Querist) 03 July 2011
This query is : Resolved
In a suit for bare injunction the defendant/respondent, has filed a stay appliction( Under section 151 of C.P.C) to stay the entire proceedings of the suit. stay application was filed in the same suit. whether it is maintable ...?
under 151 of C.P.C Wether a stay application can be filed.? with Rulings please....
ajay sethi
(Expert) 04 July 2011
you have failed to mention the facts of the case . in the absence of relevant details it is difficult to answer your query . please note that suit simplicter for injunction is not maintainable.
dev kapoor
(Expert) 04 July 2011
Hi,
Please write details of Stay application.Suit can be stayed u/s 10 CPC or u/s 151 CPC only when it amounts to abuse of process of the court.There is no bar for a simpliciter suit for perpetual injunction but interim injunction is to be refused if it seeks the same relief as in the suit.Declaration simpliciter is barred u/s 34 SRA & injunction can be Refused u/s.41 SRA.
