The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure.In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ for starting MS/HSD retail outlet dealership over land. The Supreme Court observed …
The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them. …
The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …
The Kerala High Court recently held that Order XLI Rule 5 of the Code of Civil Procedure only provides for stay of the proceedings under a decree or stay of execution of the decree and does not empower the appellate court to stay the operation of the judgment,Justice V.G Arun allowed the original petition with a direction to the appellate …
![[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC](https://www.livelaw.in/h-upload/2022/01/08/407231-lucknow-bench-justice-salil-kumar-rai.jpg)
