Please resolve the following confusion and doubts :-
Order 41, Rule 5 of CPC provides expressly about stay by appellate court on a proceeding and execution.
The same Order 41, Rule 5 of CPC also provides expressly about stay by court which passed the decree or order.
When an Order to 'stay the execution' is passed by either of the above courts, it is a direction to executing court.
But If the court which passed the decree is also the executing court, does/should it entertain the JD's prayer of 'stay of execution'?
Or
Should it direct the JD to go to high court/appellate court?
Doesn't the trial court have inherent powers to stay the execution proceeding under 151, under extraordinary circumstances?
If any court has inherent powers to recall it own decress and orders under extraordinary circumstances, why not have the powers to stay the execution of orders decrees which is reopened and sub judice?
https://www.lawyersclubindia.com/forum/difference-between-Injunction-and-Stay-order-27352.asp
