After going through the facts of the case, I understand that your application under o 39 was upto restoration not after that.
You may seek clarification of order passed by the court by seeking speaking to the minutes of the order.
Interpretation of order passed under O 39 CPC
Backdrop : I had got a decree from Civil Court in a specific performance Suit filed by me and after 4 years, which is presented for execution in civil court. myself and jd (org def) had filed the written arguments. However the pursis for closing of evidence and say did not file by both the parties. The said Darkhast was pending for orders before execution court, mean time the Execution court passed the DiD order , as myself and my advocate , similarly JD and his advocate were absent for many times. I filed the restoration application against the order of dismisal, and in said application I filed a misl. application under order 39 of cpc to pass the stay for third party transfer against JD till the disposal of restoration application + adjudication of main Darkhast. The Civil court firstly allowed the application of stay stating therein that, (1) application allowed (2) stay is granted till the adjudication of main application. After passing stay order, after 6 months the execution court was pleased to restore the darkhast by imposing penalty on me (which is paid in court) and now the darkhast is on the table of executing court for further orders. Queries : whether stay order passed is in force till the adjudication of main application i.e. Darkhast as stated in order + my prayers were upheld by court stating "Application Allowed. Whether I have to filed stay application again if above stay was upto restoration of darkhast. whether i can ask the meaning of stay order passed earlier, to executing court before filing new application for stay If i am allowed to ask the interpretation then under what law /order /section
Asked 4 years ago in Civil Law
14 Answers
1) it appears that stay is till adjudication of main application
2) the stay order passed is self explanatory. You don’t need any further clarifications
How to seek clarification of order passed by the court ? Do you mean a simple application is sufficient to serve the purpose. Which one will be main Application out of darkhast application or restoration application ?
Asked 4 years ago
1. Once your execution case is restored the interim order of injunction has gone . In any event even if the execution case was dismissed for default the decree was still in force and seeking of injunction was unnecessary.
2. Proceed with execution case . Running after injunction order us needless and would take you no where.
You have to approach court with precipe for speaking to the minutes of order
you can seek clarification desired by you
Please make a simple miscellaneous application on Darkhast referring restoration application and order for seeking the exact meaning of the order under O 39.It is mentioned in the Bombay High Court Manual, Original Side.
If any ambiguity whether latent or patent is seen in the order of the Court then parties are at liberty to seek explanation and clearance of the order through Mis Application called "SPEAKING TO THE MINUTES OF THE ORDER" before the same bench and the Court .
The order of injunction is clear that the court has restrained the JD from alienating the proeprty or encumbering the same in any manner till the disposal of the main application pending before it seeking execution of the decree made in your favor in the main suit.
You need not file another application seeking stay since the earlier stay order is in force as explained above.
You cannot seek interpretation or explanation from court on the orders passed by it, if at all you have any clarification, you can make it from your advocate only and not from the court directly.
It is the duty of your advocate to explain you the meaning of the orders and other details.
As opined earlier you cannot seek explanation from court about the orders passed by it, your advocate who knows the law shall explain the meaning or interpretation
The main application shall be the original execution petition filed by you
1. Yes if it is upto restoration.
2. Yes simple application for clarification is enough under head miscellaneous appli
3. Both will be main application for different cause if action
At what date, date was granted ? If 6 months passed before 15th march 2020 than stay is vacated.
Have to make oral request before court for extension of stay. NO interpretation.
your suit was decreed
thereafter you filed execution petition
however it got dismissed
then you filed the restoration application with a separate stay application
the stay application came to be allowed followed by the restoration application
that means your execution petition got revived again
if the JD is attempting to create third party interest, then you can file a fresh stay application in your execution petition
however it appears that your restoration application, though allowed, is still pending since it is before the executing court for further orders
thus until your restoration application is finally disposed of, the stay will remain operative
however if you still have any doubt then you can simply file a purshis before the executing court for continuing the stay order passed in your restoration application till your execution petition is disposed of
if the Court feels that a separate application is required, it will accordingly direct you
you cannot seek clarification from court, through counsel only you can seek clarification.
Dear Sir,
The vacation of stay means that the stay order was removed and hence you are suggested to discuss with your working advocate and get the details of the case, then file the fresh application as required.
- Since the application allowed , hence the status will in force till the adjudication of main application.
- You should submit the said order of the stay before the court.
1. The application of stay was granted till pendency of restoration suit and not in execution petition so that stay is vacated after restoration application is allowed.
2. You need to make a fresh application under order 39 for stay in execution petition.
