Adv Amit Gupta ji,
Can you please elaborate: from 'burden of proof' perspective during stay of execution proceedings.
"unless and untill he has voluntarily transffered his assets with malafides and to nullify the decree"
as well as
if a person has no means at the time of filing a suit itself, he can not be sent jail for execution/satisfaction of decree...
If you could give a citation or relevant section of CPC I would be very grateful.
"At the time of filing/defending the suit itself?" ................Wasn't that deemed to be decided and opinionated by Hon Court, during the trial, and hence such Order got passed as well as it execution subsequently?
There are people lakhs of people who are asking for stay of execution and preferring appeals but that takes time and execution of order proceeds and delayed 'stay of execution proceedings' become infructuous and makes irreparable damage.
please elaborate. Thanks