Stay

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Download a ready Indian template to seek stay of execution and set aside an ex parte order/decree, with guidance on CPC provisions, limitation, and drafting tips.

Format Of Stay Execution Setting Aside The Ex Parte Order And Ex Parte DecreeDOCX

Quick Overview

This Stay page provides a practical Indian draft to seek a stay of execution and to set aside an ex parte order/decree. It is ideal for defendants/judgment-debtors and counsel needing a speedy, CPC-aligned application with clear prayers for ad‑interim stay, detailed grounds of sufficient cause, limitation compliance, and supporting affidavits and annexures.

All templates are provided for reference and should be reviewed by legal professionals before use.

Frequently Asked Questions

Common questions about Stay legal templates

What is this Stay template used for?

To apply for stay of execution and to set aside an ex parte order/decree in a civil case, typically combining interim stay with a recall application.

Which CPC provisions commonly apply?

Order 9 Rule 13 CPC for setting aside an ex parte decree/order and Order 41 Rule 5 CPC for stay of execution (if in appeal). Courts also use Section 151 CPC for inherent powers.

What are the limitation periods for setting aside an ex parte decree?

Generally 30 days from knowledge of the decree (Article 123, Limitation Act). File promptly and explain any delay with a condonation application.

What must I show to set aside an ex parte decree?

Sufficient cause for non-appearance (e.g., improper service, illness, miscommunication) and that you acted diligently upon learning of the decree.

What should a stay application include?

Facts of the decree/execution, urgency and irreparable harm, prima facie case and balance of convenience, and a prayer to stay further execution till disposal of the recall.

What documents should be annexed?

Certified copy of the ex parte order/decree, execution notice (if any), proof relating to non-appearance/service issues, medical/travel or other supporting records, and an affidavit.

Can I seek stay in the same court that passed the decree?

Yes. Move the trial court with an Order 9 Rule 13 application and an interim stay request; if in appeal, seek stay before the appellate court under Order 41 Rule 5.

Will depositing decretal amounts be required for stay?

Courts may impose conditions such as deposits or security to balance equities; be prepared to offer reasonable security if asked.

What if service was not duly effected?

Plead want of due service specifically. If the court finds service defective, it may set aside the decree without insisting on other sufficient cause.

Any drafting tips to avoid dismissal?

State chronology clearly, specify dates of knowledge and filing, attach proof, avoid vague reasons, and request ad-interim stay pending hearing of the main application.