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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Stay of Execution and Civil Revision under CPC - The general principle is that a pending civil suit does not automatically operate as a stay of execution of a decree. Stay of execution is granted only if explicitly ordered by the appellate or executing court. For instance, Order 41 Rule 5 CPC clarifies that an appeal does not operate as a stay unless the court orders so. Several sources emphasize that mere pendency of an appeal or suit does not suspend enforcement of a decree, unless a specific stay order is issued by the court having jurisdiction ["
Karunamoorthy VS Padma - Madras
"], ["2024 0 Supreme(AP) 1134"], ["2022 0 Supreme(Raj) 502"], ["2024 0 Supreme(Chh) 633"].Legal Procedure for Stay of Execution - Courts have consistently held that stay of execution must be explicitly granted; the pendency of an appeal or suit alone does not suffice. For example, in the context of Rule 16 of the Rules of 1958, the court noted that proceedings under this rule do not automatically stay the execution unless specifically ordered ["2022 0 Supreme(Raj) 502"]. Similarly, in civil revision petitions, courts have dismissed petitions challenging the absence of stay orders, reaffirming that a revision does not operate as a stay unless explicitly provided ["
Karunamoorthy VS Padma - Madras
"], ["2022 0 Supreme(Raj) 502"].Revision Not as Stay of Suit - Civil revisions under Section 115 CPC are primarily meant to correct jurisdictional or procedural errors and do not inherently stay ongoing proceedings or execution of decrees. Courts have clarified that revision petitions do not operate as a stay unless the court explicitly orders so. For example, in one case, it was held that a revision does not operate as a stay of the suit or proceeding unless stayed by the High Court ["2024 0 Supreme(Chh) 633"].
Impact of Stay of Conviction or Sentence - In cases involving criminal proceedings, if the conviction or sentence is stayed, the conviction does not operate from the date of stay, affecting subsequent disciplinary or service-related actions under Rules of 1958. Courts have observed that stay of conviction does not automatically imply stay of the consequences arising from that conviction, such as disqualification from service ["ANAND KUMAR Vs STATE OF RAJASTHAN - Rajasthan"], ["2022 0 Supreme(Raj) 502"].
Specific Rules and Jurisdiction - The rules framed under the CPC and other statutes specify that stay of proceedings or execution must be ordered explicitly by the competent court. The mere filing of a revision or appeal does not suspend the proceedings unless a stay order is granted, as reinforced by provisions in CPC Sections 115 and 151 ["
Karunamoorthy VS Padma - Madras
"], ["2024 0 Supreme(Chh) 633"].In summary, under the Civil Procedure Code (CPC) and the Rules of 1958, a revision or appeal does not automatically operate as a stay of the suit or execution proceedings. Courts have consistently held that stay must be explicitly granted by the court with jurisdiction, and the pendency of litigation alone does not suspend enforcement of decrees. This principle ensures the smooth and effective execution of judgments while safeguarding the rights of parties. Civil revision petitions are primarily meant to correct jurisdictional or procedural errors, not to stay proceedings unless specifically ordered by the court ["
Karunamoorthy VS Padma - Madras
"], ["2024 0 Supreme(AP) 1134"], ["2022 0 Supreme(Raj) 502"], ["2024 0 Supreme(Chh) 633"].References:-
Karunamoorthy VS Padma - Madras
- 2024 0 Supreme(AP) 1134- 2022 0 Supreme(Raj) 502- 2024 0 Supreme(Chh) 633
In , parties often seek remedies like revisions to challenge lower court orders. A common question arises: Does a under operate as a stay of the suit or other proceedings, particularly under the ? This query, phrased as Not Operate as , is crucial for litigants navigating Indian courts. Generally, the answer is no— does not automatically halt proceedings unless the court explicitly orders it. This post delves into the legal provisions, judicial interpretations, and practical implications to provide clarity.
Section 115 CPC empowers to exercise over subordinate courts. It allows the High Court to call for records of cases where no appeal lies, if the lower court has:- Exercised jurisdiction not vested in it;- Failed to exercise vested jurisdiction; or- Acted illegally or with material irregularity in exercising jurisdiction. 2022 0 Supreme(AP) 382
The proviso, as amended, restricts interference: the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favor of the party applying for , would have finally disposed of the suit or other proceedings. This underscores 's supervisory role, not as a tool to pause trials. 2022 0 Supreme(AP) 382
, inserted later, explicitly states: A shall not operate as a or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court. 2018 0 Supreme(J&K) 743 2017 0 Supreme(Pat) 502 2014 0 Supreme(All) 1420
No, a petition does not inherently stay the suit or proceedings. The law emphasizes that corrects , not stalls ongoing litigation. Section 115 CPC clearly mandates that no automatic stay applies unless ordered. This principle holds under the , which align with CPC provisions without overriding this stance.
Key points include:- Explicit Court Order Required: Stay only if the High Court specifically directs it. 2003 0 Supreme(Ori) 724- Excluded: Orders not finally deciding the dispute () cannot be stayed via . 1990 0 Supreme(Gau) 14- Proviso Limitation: Stay possible only if favoring the petitioner would end the suit. 2005 0 Supreme(SC) 1205
As noted, a shall not operate as a or other proceeding unless the Court specifically stays it. 2003 0 Supreme(Ori) 724
Indian courts, including the , have consistently upheld this. In 2003 0 Supreme(Ori) 724, the court emphasized: a shall not operate as a or other proceeding for . Similarly, 1990 0 Supreme(Gau) 14 clarified that stay powers under are distinct from .
The in 2005 0 Supreme(SC) 1205 and 2013 0 Supreme(SC) 426 ruled that is confined to jurisdictional corrections, not halting proceedings: interlocutory or non-final orders are not revisitable for stay under Section 115 CPC. 2009 0 Supreme(MP) 1300 echoes: the power of is limited to and cannot be used as a procedural device to stay ongoing proceedings.
Other judgments reinforce this uniformity. In 2022 0 Supreme(AP) 382, the court quoted: A shall not operate as a or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court. This aligns with amendments barring automatic stays. 2018 0 Supreme(J&K) 743
Cases involving stays (e.g., pendency of prior suits) distinguish themselves. For instance, 2023 0 Supreme(Mad) 3132 dismissed a seeking stay under Section 10, noting: the subsequent suit sought different reliefs and the decision of the earlier suit could not be the , directing expeditious disposal. No automatic stay was implied.
Kesheri Nandan Agrawal VS Indu Bajpayee
In or contexts, like 2023 0 Supreme(Raj) 1966, courts proceeded despite revisions: There was no jurisdictional error by the trial court in proceeding with the petition.
executive engineer public health perojpur vs messers sathi enterprise and others - 2024 Supreme(BD)(SC) 14518
affirmed suits remain with trial courts during revisions.under are also not revisable for stays, as per 2018 0 Supreme(J&K) 743, where was held unmaintainable against such orders.
These sources illustrate that revisions do not impede trials unless statutorily exceptional.
The supplement CPC but do not alter Section 115's core. No provision in these rules grants automatic stay via . Judicial application in Madhya Pradesh mirrors national precedents, prioritizing expeditious justice. Litigants in MP must seek specific stay applications under or 41 CPC, not rely on filings.
Limited exceptions exist:- Final Disposal Potential: If the impugned order, if reversed, ends the suit. (Proviso to Section 115)- Explicit High Court Stay: Rare, discretionary orders. 2017 0 Supreme(Pat) 502- No Interlocutory Halts: Purely supervisory; no merit in staying non-jurisdictional matters. 2014 0 Supreme(All) 2643
Courts warn against misuse: is not maintainable against an order passed under Section 24. 2018 0 Supreme(J&K) 743
In summary, under Section 115 CPC typically does not operate as a or proceedings under or otherwise, unless explicitly ordered and meeting strict criteria. Supported by statutory language and precedents like 2003 0 Supreme(Ori) 724, 1990 0 Supreme(Gau) 14, 2009 0 Supreme(MP) 1300, 2005 0 Supreme(SC) 1205, and 2013 0 Supreme(SC) 426, this ensures litigation momentum.
Key Takeaways:- No automatic stay; explicit order needed.- Limited to jurisdictional fixes, not procedural pauses.- generally unprotected.- Use specific CPC provisions for stays.
This post provides general information based on legal provisions and judgments. It is not legal advice. Consult a qualified lawyer for your specific situation.
References:1. Section 115 CPC and cited cases.2. Additional sources: 2023 0 Supreme(Mad) 3132, 2023 0 Supreme(Raj) 1966, 2022 0 Supreme(AP) 382, etc.
#CPC115 #RevisionStay #CivilLawIndia
However, no stay of the judgment and decree of the trial Court is granted by the first appellate Court. At this stage, the revision petitioner filed an execution petition to execute the decree passed in the above suit. ... Challenge has been made to the Order passed by the Execution Court in dismissing the Execution Proceedings filed by the revision petitioner, the pres....
I do not find any illegality in the order impugned in this petition. There is no jurisdictional error and no case is made out for interference in the exercise of revision jurisdiction under Section 115 CPC. 28. The civil revision petition is dismissed. ... In this case since the Court which passed the decree is the same as the executing Court, question of the executing Court#HL....
In the result, this instant Civil Revision Petition stands dismissed. ... Based upon the said request, this Court has directed the Court below to dispose of the suit in O.S.No.234 of 2012 with in a period of six months. It appears that only after the order passed in the said Civil Revision Petition, the petitioner came up with this Section 10 C.P.C application. ... The ....
It is now a settle principle by our Apex Court that pending civil suit it not ... According the rules framed by the Government. ... suit is within the seisin of the learned trial court. ... Civil Revision No.1132 of 2003 This Civil Revision No. 1132 of 2003 has been filed under section 115(1)....
the petitioner by the criminal court while the proceedings under Rule 16 of the Rules of 1958 were pending. ... Services (Classification, Control & Appeal) Rules, 1958 (‘the Rules of 1958’), exercising powers under Rule 19(i) based on conviction of the petitioner in a criminal case, he has been dismissed from service ... of conviction, on 14.01.2004 ....
Contrary to that the revisionist has filed rejoinder affidavit dated 24.12.2013 and has reiterated the contents of his suit and the revision and has said that the decree passed in the earlier suit will operate as res judicata. Hence, the subsequent suit is liable to be stayed. ... The defendant-revisionist has instituted this civil revision under Section 25 of the Provi....
This writ petition has been filed by the petitioner aggrieved against the order dated 10.08.2021 (Annex.21), whereby in pending proceedings under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (‘the Rules of 1958’), exercising powers under Rule 19(i) based on conviction ... terminated invoking provisions of Rule 19(i) of the Rules of 1958....
(CIVIL REVISIONAL JURISDICTION) Civil Revision No. ... the final decree where the plaintiff was not a party. ... Revision No. 06 of 2018 allowing the civil revision and thereby setting aside the order dated 04.01.2018 passed by thespan style="font-size
Civil Revision Petition No.133/2017 to the trial court in order to proceed and decide the pending Civil Misc. Case No.1/2022 title Smt. Shakuntala Singh v. ... Civil Revision Petition No.133/2017 was dismissed by this Court vide Order dated 15.09.2022, taking note of the fact that original contempt petition pending before the trial court was abated. .....
(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court. Explanation. ... Following the mandate of the provisions contained in Section 115 of CPC and in light of the decision rendered by this Court in Ahmed Mansuri (supra), I am of ....
A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.] Explanation.-In this section, the expression "any case which has been decided" includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.” Order 41: "Form of appeal, What to accompany memorandum"
(b) After sub-section (2) but before the Explanation, following sub-section (3) has been inserted, namely;- ' A revision shall not operate as a stay of suit for other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.'
A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.]
4[Ins. by Act 46 of 1999, Section 12(ii), (w.e.f. 1.7.2002)[(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.] 5[Ins. by Act 104 of 1976, Section 43(b) (w.e.f. 1.2.1977].
A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.] Explanation.-In this section, the expression "any case which has been decided" includes any order made, or any order deciding an issue, in the course of a suit or other proceeding."
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