Rule 5 of CPC : Rule 5: Stay by Appellate Court.

Explanation using Example

Example 1:

Scenario: Ramesh vs. Suresh

Ramesh won a civil case against Suresh in the trial court, and the court passed a decree ordering Suresh to pay Rs. 5 lakhs to Ramesh. Suresh, dissatisfied with the judgment, decided to appeal to the High Court.

Application for Stay: Suresh filed an application for stay of execution of the decree in the trial court, arguing that if he paid the amount immediately, he would suffer substantial financial loss, and he might not be able to recover the money if he won the appeal. He also provided security in the form of a bank guarantee for the amount decreed.

Court's Decision: The trial court, after considering the application, found that Suresh had shown sufficient cause and that he had applied without unreasonable delay. The court was satisfied with the security provided and ordered a stay of execution of the decree until the appeal was decided by the High Court.

Example 2:

Scenario: Meena vs. Anil

Meena obtained a decree from the trial court ordering Anil to vacate a property and hand it over to her. Anil decided to appeal the decision and filed an application for stay of execution of the decree in the appellate court.

Application for Stay: Anil argued that vacating the property immediately would cause him and his family substantial hardship as they had no alternative accommodation. He also stated that he had filed the appeal promptly and was willing to provide security for the due performance of the decree.

Court's Decision: The appellate court reviewed Anil's application and found that he had demonstrated substantia...

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