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Introduction


Stay

An appeal itself does not operate as the stay of proceedings undue the decree / judgment appealed from and the execution of a decree is not stayed merely because an appeal is filed in the appellate court. However, the appellate court can, if there is a sufficient cause to do so, order stay of execution of such decree. The stay can be granted the court which passed the decree if an application is made for the stay of execution of such a decree before expiration of the time allowed for filing an appeal against it and if such application discloses sufficient cause for seeking the stay.

The probability or certainty of a substantial loss to the party seeking stay constitutes a sufficient cause if the said party has made the application for stay without unreasonable delay and if the party has given security guarantying due performance of the decree against which stay is sought.



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