How to stay the civil proceeding
lissing perme
(Querist) 04 December 2012
This query is : Resolved
Respected Experts,
MY friends and his brother both juvenile is in estrange situation.
Fact of the case is that their father had illicit relation with one women and that led to a many family problems.And one day my friend and his brother enter into the house of the women for search of their father but at that time father and woman was not present in the house.And such during the search process there was some argument between them and housekeeper and so out of anger they destroy some property of the women.
Now the problem is that for the above fact there is already criminal proceeding begin, now the women has file civil suit in District Judge for the damages of property.
And as such any avertment of my friend and his brother in civil proceeding will effect the proceeding in criminal case,therefore they want to stay the civil proceeding till the completion of criminal trail.
Therefore I want to know for stay of civil proceeding where my friend need to file application, is it before concern District Judge or the High Court.
In this case District Judge has power to stay the civil proceeding,if so please tell me the concern provision in Civil Procedure Code
And if application/Petition need to file in High Court then also please tell me the provision under which such petition can be file before the High Court.
Thanks in Advance.
Devajyoti Barman
(Expert) 04 December 2012
This isnot possible. Both will go parallely.
prabhakar singh
(Expert) 04 December 2012
Yeah!So as desired is impossible as no law is there.Both of cases shall go on side by side as the cause is criminal as well as civil.
Raj Kumar Makkad
(Expert) 04 December 2012
Civil suit for damages and criminal case for initiating action for illegal act mentioned in FIR so both has no co-relations thus there is no law to stay either of the proceedings under any law.
