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Jamai Of Law (propra)     19 March 2012

Stay of operation vs stay of excution is ther distinction?

Please resolve confusion arisen as ..... Stay of operation of Decree vs Stay of excution of Decree Is there any distinction between both the pleas? Am I correct to refer to only O41 R5 for both? I thought both are nothing but the same. A judgment Debtor asked 'stay of Operation of Order' alongwith filing of appeal. Opposite party raised objection that there is no such thing and there should have been 'stay of Execution' And there are coersive steps being taken and Darkhast filed. Hence an unrgent situation. Please help me understand the subtlties in wording and differences therein.


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 3 Replies

niranjan (civil practice)     19 March 2012

Stay of operation of order is stay on execution as operation would include execxution.

1 Like

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     20 March 2012

I agree with the view of Mr.Niranjan.

Shantilal Pandya ( Advocate)     22 March 2012

 one should go  by  substance  and not by form 

  both  mean the  same thing. 


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