https://www.taxtmi.com/caselaws?id=470548 Order XLI Rule 5 CPC requires a reasoned stay of execution based on sufficient cause, substantial loss, absence of unreasonable delay, and security for due performance. In money-decree appeals, deposit is ordinarily prudent but is not an inflexible condition because security may be provided through property, a bond, or an appropriate undertaking. An unconditional stay may be justified only exceptionally, including where the decree appears perverse, patently illegal, or facially untenable. Relevant circumstances may include defective service, ex parte proceedings, unsupported infringement findings, and damages awarded without pleadings or notice. The Section 36 Arbitration Act analogy does not govern appellate stay powers under the CPC. en-us Tue, 07 Oct 2025 00:00:00 +0530 Fri, 31 Jul 2026 08:27:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=470548 Order XLI Rule 5 CPC requires a reasoned stay of execution based on sufficient cause, substantial loss, absence of unreasonable delay, and security for due performance. In money-decree appeals, deposit is ordinarily prudent but is not an inflexible condition because security may be provided through property, a bond, or an appropriate undertaking. An unconditional stay may be justified only exceptionally, including where the decree appears perverse, patently illegal, or facially untenable. Relevant circumstances may include defective service, ex parte proceedings, unsupported infringement findings, and damages awarded without pleadings or notice. The Section 36 Arbitration Act analogy does not govern appellate stay powers under the CPC. Case-Laws Indian Laws Tue, 07 Oct 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=470548