Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Stay of Execution (Order XLI Rule 5 CPC)
Jurisdictional & Appellate Practice Terms
Definition
An interim judicial order passed by an appellate court suspending the operation or enforcement of a lower court’s decree while the appeal is pending, preventing the decree-holder from realizing the judgment until the appeal is heard.
Example
A defendant against whom a money decree of ₹50 lakh is passed files a Regular First Appeal; the High Court grants a stay of execution of the trial decree subject to the defendant depositing 50% of the decreetal sum in court.