Difference Between Stay Order And Injunction Order
Stay Order
(Order 21, Rule 26; Order 41, Rule 5 the CPC, 1908)
A stay order means to temporarily suspend the execution of a court judgment or order. A stay is a suspension of a case or a suspension of a particular proceeding within a case. Stay order refers to the stoppage, arrest or suspension of judicial proceedings.
An order of stay is primarily passed against the execution of a decree. It is made against the execution of a decree to enable the judgment-debtor to appeal to an appellate court against such a decree. Such an order excludes the commencement of any proceeding for the execution of the said decree.
Stay order may also be made against a sale (Order 21, Rule 59 ), in a suit against a corporation (Order 30) ,in a suit involving a minor (Order 32) , inter-pleader suits (Order 35) , summary suits (Order 37) in case of reference to a High Court (Order 46) . The proceedings of stay order is available to the Civil Courts as well as to the Supreme Court and the High Courts.
Injunction Order
(Order 39 CPC 1908)
An injunction is a remedy in the form of a court order that compels a party to do or refrain from certain acts. A party that fails to obey an injunction faces criminal or civil penalties, including possible budgetary sanctions and even imprisonment. They can also be charged with contempt of the court. Injections are of different types;
- Temporary injections which is granted during the pendency of the suit based on various factors like preservation of status quo, the balance of convenience, a prima facie case, irreparable injury, etc.
- Permanent injections permanently prohibit or mandate a person to do certain actions
- Preventive is the one that restrains actions
- Mandatory is the one that compels actions.
- Ad-interim is the one granted during the pendency of application and operative till its disposal.
- Interim is the ones that are granted at the disposal of application and operative till disposal of the suit.
Main Differences between an injunction order and stay order are as follows:
Proceedings taken in violation of a stay order are void whereas those against an injunction are not null and void but subject to punishment. Injection operates as soon as it is issued but a stay order comes to exist only when it is communicated to the court to which it is issued. An order of stay of proceedings is available to the Civil Courts as well as to the Supreme Court and the High Courts. An order of stay of proceedings may also be made against a sale, in a suit against a corporation, in a suit involving a minor, interpleader suits , or summary suits , in case of reference to a High Court. An order of stay operates against a court while an injunction is applicable against a person.
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