Stay of Execution of of Non-Appeallable order

In my opinion when decree is passed,the samecourt can stay execution of its own decree under o.41 (5)(2) and that apploicationn is tobe made on the very day when judgment is declared. If you failed to submit such application,in that case your approach is right i.e. to submit review application alongwith order 4l rule 5(1) as format of appeal will apply to review applicationl. I also think that you should also mention sec.151 alongwith above provision.Review application can be filed in appelable(where appeal is allowed) or where no appeal is allowed(non appellable order).

Thanks a lot,

The stament "Application is to be made on the very day when judgment is declared." ...

It means that ... stay may be filed immediately and well before one decides whether one would go for review or appeal or writ etc.

On the same days one may not even exactly know whether appeal lies or not or what recource one may choose to challenge the order.

But so as not to get into 'trap of limitation' and to avoid the steps of 'cononation of delay' , it is always advisable to ask for stay because the judgment debter is aggrieved due to decision.

Am I reading your reply correctly. Sir?

Actually Same thing happened to me.

I wasn't sure whether I would go for review or writ or whether appeal lies or not.

So I applied for stay of execution first on 27th day and review on 29th day as per limitation (by taking the matter on board for urgency on that day).

Hence in addition to O 21 R 29 I also added O41 R5 but fergot to mention sec 151 on stay application.

I believe I can mention it during argument of stay.