Difference between a stay order and an injunction in Pakistan Courts.
Difference between a stay order and an injunction:
An injunction is an order of the court compelling a person to do or not to carry out a particular action.
An order of stay indicates stoppage, arrest or suspension of judicial proceeding Among various other uses, an order of stay is primarily passed against execution (putting the decree into practice) of a decree (an adjudication determining the rights of the parties).
A stay is made against execution of a decree to enable the judgment-debtor to appeal to an appellate court against such a decree
1- (Order 21, Rule 26;
2-Order 41, Rule 5 the CPC, 1908).
Such an order prohibits commencement of any proceeding for execution of the said decree.
An order of stay of proceedings may also be made against
1-a sale (Order 21, Rule 59),
2-in a suit against a corporation (Order 30),
3-in a suit involving a minor (Order 32), -4 inter pleader suits (Order 35),
5-summary suits (Order 37),
6-in case of reference to a High Court (Order 46).
An order of stay of proceedings is available to the Civil Courts by virtue of their inherent power under Section 151 as well as to the Supreme Court and the High Courts.
1-It has become clear from the above, an injunction is applicable against a
person while an order of stay operates against a court.
2-An injunction operates as soon as it is issued but a stay order operates only when it is communicated to the court to which it is issued
3-Proceedings taken in contravention of a stay order are void ab initio while those against an injunction are not null and void but subject to punishment…