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Which rule of order 41 provides for stay?

Order 41, rule 5 | The Code of Civil Procedure, 1908 | Law Commission of India Reports | Law Library | AdvocateKhoj. 41.10. One of the most important aspects of an appeal is the grant of stay of execution of the decree appealed from.

What is order of execution pending appeal?

Execution pending appeal. - On motion of the prevailing party with notice to the adverse party, the court may, in its discretion, order execution to issue even before the expiration of the time to appeal, upon good reasons to be stated in a special order.

What is the rule 41 mandate?

Mandate: Contents; Issuance and Effective Date; Stay. (a) Contents. Unless the court directs that a formal mandate issue, the mandate consists of a certified copy of the judgment, a copy of the courts opinion, if any, and any direction about costs.

What is stay order appeal?

Ans. A court stay order means stopping or postponing a judicial case to protect the rights of either of the appealing or defendant parties.

What is the rule 4 of order 41?

Order 41 Rule 4 of the Code enables reversal of the decree by the court in appeal at the instance of one or some of the plaintiffs appealing and it can do so in favour of even nonappealing plaintiffs.

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