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mahesan (Advocate)     28 June 2018

order 41 rule5 (2)

declaration suit dismissed. plaintiff filed order
41 rule 5(2) of cpc for stay the operation of decree and judgement till filing appeal before same court is maintainable or not


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Advocate Bhartesh goyal

Advocate Bhartesh goyal (advocate)     29 June 2018

Yes,application u/o 41 r 5(2) cpc is maintainable before the court who passed the decree and has power to stay the operation/execution of decree till the getting stay from appellate court.

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