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Damayanti (Unemployed)     13 June 2011

Urgent Help : Stay of all further proceedings of a suit!

I have following query.

 

I have finally made the Transfer Petition at Principle judge family court (who is also a District court).

 

I have also requested that case be withdrawn from addl distr court (family court No X) and suit be tried at preferably Court  of Principle  Judge himself!! (sec 24 of CPC and 151)

 

I am told that this transfer petition undergoes a very detailed proceedings etc etc.

 

But in above application, I did not make any prayer to 'stay all further proceeding in the suit which is requested to be transfered, until transfer petition is decided'.

 

Do I have to file the another IA for stay application that 'Tran Petition is filed and hence kindly stay be granted' ???

And Should I do it at current court where matter is pending and from where it is sought to be withdrawn?

Or

Should I make an IA  in  a transfer suit?

 

Under what provisions of CPC such stay of further proceedings is granted'? Wording of O39 I am unable to understand clearly.

 

 

Your urgent guidance would really help me... thanks

 

 

 

 

I

 



 2 Replies

SACHIN AGARWAL (ADVOCATE)     13 June 2011

You should move a IA for stay of further proceedings supported with an affidavit.

1 Like

amarendra (lawyer)     14 June 2011

file a petition for stay before the dist.court  in the trf.pet. itself as i dont think a separete i.a. need to be filed

1 Like

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