Rule 26 of CPC : Rule 26: When Court may stay execution.
CPC
JavaScript did not load properly
Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.
Explanation using Example
Example 1:
Rajesh, a businessman in Mumbai, lost a civil lawsuit and the court issued a decree ordering him to pay ₹10 lakhs to the plaintiff, Suresh. The decree was sent to the court in Pune for execution because Rajesh's assets are located there. Rajesh believes that the decree was unfair and plans to appeal the decision. He approaches the Pune court and shows sufficient cause, explaining that he needs time to file an appeal in the Mumbai court. The Pune court, upon being convinced, stays the execution of the decree for a reasonable time, allowing Rajesh to apply for a stay order from the Mumbai court.
Example 2:
Meena, a resident of Delhi, was ordered by the court to vacate her property and hand it over to the plaintiff, Anil, as part of a decree. The decree was sent to the Delhi court for execution. Meena's property was seized by the court officers. Meena then files an application showing sufficient cause and requests the court to stay the execution so she can appeal the decision. The Delhi court stays the execution and orders the restitution of Meena's property pending the result of her appeal application. However, before doing so, the court requires Meena to provide a security deposit to ensure that she complies with the final decision of the appellate court.
Prepare for AIBE 20 with KanoonGPT
AI-powered study plan, past-paper analysis and full-length mock tests - tailored feedback to boost your score.