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Order 21 Rule 26 - Primarily pertains to the procedure for executing decrees and the manner in which applications for stay of execution are to be handled. Several sources clarify that Order 21 Rule 26 is generally not applicable in certain contexts, such as applications for stay or objections during execution proceedings, especially when the executing court is the same as the court that passed the decree Godavarthi Surya Kumari VS Godavarthi Savithri - Andhra Pradesh, Birla Institute of Management and Technology (BIMTECH) VS Fiberfill Interiors and Constructions - Current Civil Cases.
Order 41 Rule 5 - Deals with stay of execution and injunctions related to decrees. It provides the grounds and procedures for courts to grant or refuse stay orders, including interim reliefs such as status quo orders. Courts have held that Order 41 Rule 5(2) is invoked when parties seek suspension of orders, and its application is subject to specific procedural requirements Gnanasoundari VS G. Vijayakala - Madras, Sant Ram VS Ram - Himachal Pradesh, ME. ADAMS CHEMICALS MANUFACTURING CO VS P. NAGARAUN - Madras.
Interaction between Order 21 Rule 26 and Order 41 Rule 5 - The main insight is that Order 21 Rule 26 is generally not applicable to applications for stay or injunctions under Order 41 Rule 5. Courts have clarified that Order 21 Rule 26 relates to the execution process itself, whereas Order 41 Rule 5 deals with interim reliefs like stay or injunctions pending appeal or during execution, and thus, they serve different procedural purposes A Nandakumar Singh By His Lr A o Teresa and 3 Ors vs W n H o Vidyarani Devi and 5 Ors - Manipur, Birla Institute of Management and Technology (BIMTECH) VS Fiberfill Interiors and Constructions - Current Civil Cases.
Case Law and Judicial Interpretations - Courts have emphasized that Order 21 Rule 26 does not apply when the application is for stay of execution or injunctions, which fall under Order 41 Rule 5. For instance, in one case, the court stated that Order 21 Rule 26 has no application in the context of stay applications, which are governed by Order 41 Rule 5(2) A Nandakumar Singh By His Lr A o Teresa and 3 Ors vs W n H o Vidyarani Devi and 5 Ors - Manipur.
Summary of Main Points:
Order 21 Rule 26 primarily addresses applications related to execution and objections during execution proceedings.
Order 41 Rule 5 governs interim reliefs like stay orders and injunctions, including the procedure for suspending or modifying decrees.
Courts have consistently held that Order 21 Rule 26 is not applicable to applications for stay or injunctions under Order 41 Rule 5, which are governed by specific provisions in Order 41.
The distinction is crucial for procedural clarity, ensuring that applications are filed under the appropriate rule depending on the nature of the relief sought.

References: - 00200058561 - 04200005762 - 02100150350 - IND_HC_MNHC010009222016 - 01800012943

Search Results for "Order 21 Rule 26 and Order 41 Rule 5 2"

2023 0 Supreme(Mad) 3095 • India - Madras

R. SUBRAMANIAN, R. KALAIMATHI

. - Civil Miscellaneous Petition - Section 151 - Order 41, Rule 14 - [1, 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 ... , 20, 21, 22, 23, 24, 25, 26, 27, 28] - The court discussed the inconsistency between the proviso to Sub-Rule 1, Rule 14 of Order ... 41 of C.P.C., and Sub-Rule 4, Rule 14 of Order 41 inserted b....

A Nandakumar Singh By His Lr A o Teresa and 3 Ors vs W n H o Vidyarani Devi and 5 Ors

• India - Manipur

41 Rule 5 (2) of the CPC. ... Hence, Order 21 Rule 26 will have no application. ... 21 Rule 26 of the CPC but, it falls within the ambit of Order 41 Rule 5 (2) of the CPC. ... The petitioners have also failed to satisfy the requirement of Order 41 Rule #....

Godavarthi Surya Kumari VS Godavarthi Savithri

2024 0 Supreme(AP) 1134 • India - Andhra Pradesh

RAVI NATH TILHARI

(A) Code of Civil Procedure - Section 115, Order 21 Rule 26, Order 41 Rule 5 - Civil revision petition challenging ... execution of decree - Application under Order 21 Rule 26 CPC was held not maintainable as the executing court was the same as the ... (Paras 19, 26, 27) (B) Jurisdiction of Courts - The executing court cannot grant a stay of execution if the .......

2011 0 Supreme(HP) 2483 • India - Himachal Pradesh

SANJAY KAROL

Order 26 Rule 9 - 1908, Order 21 Rule 32 - 1953, Section 37 - 1953, H.P. ... possession - Civil Procedure - Code of Civil Procedure, 1908, Section 100 - 1908, Section 145 - 1908, Order 41 Rule 27 - 1908, ... , 1 SCC 710 - 1993, 4 SCC 403 - 1997, 7 SCC 297 - 1999, 7 SCC 228 - 2004, 9 SCC 468 - 2004, 1 SCC 432 - 2007, 6 SCC 186 - 2009, 5 ... On 26.2.2011, defendants moved yet anoth....

ME. ADAMS CHEMICALS MANUFACTURING CO VS P. NAGARAUN

2000 0 Supreme(Mad) 951 • India - Madras

FAKKIR MOHAMED IBRAHIM KALIFULLA

Subsequently, the trial court passed an order to maintain status quo till 26. 9. 1996. ... . 2. ... The trial court granted an order of interim injunction restraining the defendants 2 to 10 from trespassing into the property described ... On 18. 9. 1996, an application for suspension of the order of injunction was moved by defendants 2 to 10 under Order 41, Rule 5 (2) and under #....

Birla Institute of Management and Technology (BIMTECH) VS Fiberfill Interiors and Constructions

• India - Current Civil Cases

SANJAY KUMAR MISHRA

21, Rule 26 of C.P.C. or under Section 36(2) of Act, 1996, which is not applicable to execution proceeding – Impugned order passed ... Civil Procedure Code, 1908 – Order 21 Rule 26 – Arbitration and Conciliation Act, 1996 – Section 36 – Execution ... to stay execution proceeding by Executing Court is limited – It is only an interim arrangement enabling the party to obtain stay order ... Order #....

• India - Patna

In the present case, neither the provision of Order 41 Rule 5 nor Order 21 Rule 26 nor Order 21 Rule 29 is 5. ... 2. ... 2

BOMBAY MERCANTILE COOP. BANK LTD. VS SIRAJBHAI G. LEHRIS

2005 0 Supreme(SC) 884 • India - Supreme Court

R. C. LAHOTI, P. K. BALASUBRAMANYAN

5 and Order 21, Rule 26 - Eviction decree ... Civil Procedure Code, 1908, Order 41, Rule a href=act: ... [Paras 1 and 2 ] ... ... 5.THE INQUIRY UNDER ORDER 20 RULE 12 CPC MAY PROCEED. IT HAS NOT BEEN STAYED. ... 6. ... THE AMOUNT PAID IN TERMS OF THIS ORDER SHALL BE LIABLE TO BE ADJUSTED AGAINST THE LIABILITY INCURRED BY THE APPELLANT UNDER THE FINAL DECREE P....

EXECUTIVE ENGINEER, PWD, BATHINDA VS BALRAJ KUMAR BANSAL

2005 0 Supreme(SC) 74 • India - Supreme Court

R. C. LAHOTI, G. P. MATHUR

26 and Order 41 Rule 5 -Stay against execution of decree -High Court stayed execution of decree subject to the ... Civil Procedure Code, 1908, Order 21, Rule 1. Leave granted. ... 2. The judgment of the trial court by which an award under the Arbitration Act, 1940 was made a rule of the court is under appeal filed by the Executive Engineer, PWD (B&R) Branch, Bathinda before the High Court. ... ... 5#HL_....

COMMISSIONER OF PAYMENTS (COKING COAL) VS SOURINDRA NATH BASU

1982 0 Supreme(Cal) 266 • India - Calcutta

RAMENDRA MOHAN DATTA, C.K.BANERJEE

, and therefore, Order 21, Rule 58(5) was not attracted. ... court for adjudication on the merits in accordance with Order 21, Rule 58 read with Order 41, Rule 23 of the CPC. ... CIVIL PROCEDURE CODE - ORDER 21, RULE 58 - INTERPRETATION - ORDER DISMISSING OBJECTION TO ATTACHMENT UNDER SUB-RULE (3) (D) - ... That, not having be....

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