165: Stay of proceedings and execution of orders and decrees

Stay of proceedings and execution of orders and decrees.– (1) An appeal or revision shall not operate as stay of proceedings under the order or decree appealed from or under revision, except so far as the appellate or revisional authority may order, nor shall execution of any order or decree be stayed by reason only of an appeal or application for revision having been made, but the appellate or revisional authority may, for sufficient cause, order stay of execution of any such order or decree. [(2) No order for stay of execution shall be made under sub-section (1), unless the authority making such order is satisfied that: (a) substantial loss may result to the applicant if the stay is not granted; (b) applicant has established a prima facie arguable case; (c) balance of convenience or inconvenience lies in favour of the applicant; (d) application has been made without unreasonable delay; and (e) where deemed necessary, the applicant has furnished adequate security for due performance of such order or decree as may ultimately be binding upon him.]

Effective date: 1967-12-07

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