IA in IA ?

interm application could be filed and here is for different reason.The court cannot stay legal proceedings, aggrieved person has to approach HC for rejected IA.

Dear Devakrishnan,

Normally, a petition to reject a plaint is maintainable on the grounds available under Order VII Rule 11 of Civil procedure code.  If such an application is dismissed on merits, then the remedy is to prefer a revision against the said order.

It appears that the I.A. for rejection of plaint was dismissed for default and the second I.A. i.e. I.A. in I.A. as mentioned by you, might have been filed to restore the first I.A. filed seeking to reject the plaint. In such a case, the second I.A. is maintainable.

Second I.A. to stay the suit in the first I.A. to reject the plaint is absolutely not maintainable.  I think that you are mistaken.

hi friends Thanks for the reply The second IA is filed under 151cpc stating that the respondent is going to prefer an apple in the first IA in high court ,so for that reason the suit has to be stayed.

Originally posted by :Devakrishnan
"	hi friends Thanks for the reply The second IA is filed under 151cpc stating that the respondent is going to prefer an apple in the first IA in high court ,so for that reason the suit has to be stayed.	"

Such an IA is not at all maintainable in view of the fact that inherent power cannot be invoked to stay the suit inasmuch as inherent power cannot be excercised in those cases in respect of which specific provisions have been made under CPC. And so far as stay of suit is concerned the same is dealt with under Sec 10 of C.P.C.

Further more, the facts of the case also does not warrant excercise of inherent power.

Dear DEvakrishna

Mr. Ambika Prashad Mishra is right

Thanks a lot friends

Experts openion is right . No stay can grante under Sec 151 C.P.C. Though the setcion invokes inherent powrs to grant stay some provision are there in C.P.C for each stages of suit  , appeal and execution. Sec 151 C.P.C not applicable for granting stay as stated by Mr Davakrishanan