MULRAJ versus MURTI RAGHONATHJI MAHARAJ

MULRAJ versus MURTI RAGHONATHJI MAHARAJ

A stay order takes effect only when it is brought to the knowledge of the court or authority to which it is addressed. Mere passing of the stay order does not deprive a court of jurisdiction; it is only prohibited from proceeding further after knowledge of the stay. Permission granted by a Magistrate ignorant of the stay order is not a nullity unless proceedings are set aside under s. 151 C.P.C. in the interest of justice upon timely request.

Parties
Appellant: Mulraj; Respondent: Raghonathji Maharaj
Jurisdiction
India
Judgment Date
02 March 1967
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Effect and Operation of Stay Orders, Jurisdiction of Courts Under Stay Orders, U.p. Rent Control and Eviction Act, Execution Proceedings, Transfer of Proceedings
Civil Procedure Effect and Operation of Stay Orders Jurisdiction of Courts Under Stay Orders U.p. Rent Control and Eviction Act Execution Proceedings Transfer of Proceedings

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Parties

Mulraj

Appellant

Raghonathji Maharaj

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 When does a stay order take effect?
  2. 2 Does a stay order deprive the court of jurisdiction immediately upon passing or only after communication/knowledge?
  3. 3 Is permission granted by a Magistrate when unaware of a stay order a nullity?

Ratio Decidendi

A stay order takes effect only when it is brought to the knowledge of the court or authority to which it is addressed. Mere passing of the stay order does not deprive a court of jurisdiction; it is only prohibited from proceeding further after knowledge of the stay. Permission granted by a Magistrate ignorant of the stay order is not a nullity unless proceedings are set aside under s. 151 C.P.C. in the interest of justice upon timely request.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs