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Can defendant take stay order on court decree
12-Feb-2023 (In Civil Law)
Sir,we have find in decree in favor of plaintiff,when different is absent in court,after 2 month of pass decree we file execution,n account attachment order passed by the honable adj court, kya defendent ab bhi aakar decree pr stay le sakte hai,14 july ko sammon receive kiye the defendent ne or ab tk absent hai
,. Yes he can file an application to set aside a decree passed in exparte case. It depends on stand they will taken up for set aside. Once execution proceeding complete he can't do
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Adv. Akhil Verma
Delhi | 400+ Answers
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Final decree proceedings in partition suit
Partition suit limitation ancestral
Partition suit limitation period
limitation for final decree in partition suit
Execution of final decree in partition suit
Partition suit limitation judgments
Latest judgement on final decree proceedings
The Defendant may be able to get a stay on the execution of the decree if he challenges the decree in the court of appeal. The court of appeal will have the discretion to allow/disallow the stay of execution proceedings during the pendency of the appeal.
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Adv. Mishika Singh
Delhi | 100+ Answers
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The court can grant stay order at its discretion. The defendant is required to appear before court and has to make an application while showing substantial loss if the stay is not granted. Thereafter arguments on the application will be heard by the court and shall pass order accordingly.
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Adv. Nupur Goswami
Delhi | 25+ Answers
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