https://www.taxtmi.com/caselaws?id=303136 Where an application under Order 9 Rule 13 CPC challenging an ex parte decree is pending, the appeal against the same decree may be stayed because the Explanation to that provision bars the application once the appeal is disposed of. If the appeal proceeds first, the pending application can become infructuous, so staying the appeal preserves the statutory remedy. The court also noted that the parties' litigation conduct may be considered on equitable grounds, but the legal position favoured a stay. The impugned refusal to stay was therefore unsustainable, and the appellate proceedings were stayed pending decision of the Order 9 Rule 13 application. en-us Tue, 03 Nov 2020 00:00:00 +0530 Wed, 06 Jul 2022 00:18:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303136 Where an application under Order 9 Rule 13 CPC challenging an ex parte decree is pending, the appeal against the same decree may be stayed because the Explanation to that provision bars the application once the appeal is disposed of. If the appeal proceeds first, the pending application can become infructuous, so staying the appeal preserves the statutory remedy. The court also noted that the parties' litigation conduct may be considered on equitable grounds, but the legal position favoured a stay. The impugned refusal to stay was therefore unsustainable, and the appellate proceedings were stayed pending decision of the Order 9 Rule 13 application. Case-Laws Indian Laws Tue, 03 Nov 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303136