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Sandeep Shukla (Teacher)     01 May 2014

Rules regarding stay petition?

If the defendant of my partition suit, submits a Will for probate and then asks for a Stay on my partition suit until probate judgement on the ground that there is a embargo in the Will against partition, then if the Stay is approved does it mean that I cannot even withdraw/amend my partition suit during the Stay period?

 

In that case during the hearing of this stay petition can I ask for a conditional clause that I will be at least free to withdraw/amend my partition suit and/or file alternate suit for relief as per the progress of the Will probate case and if allowed by law had there been no Stay in my case? If so under which section?



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