Principle

CIVIL PROCEDURE – Stay of Execution – Stay of Execution Lies Only Against Executory Judgments

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Stay of execution applies only to executory judgments (those requiring positive action). Declaratory judgments are not executory and cannot be stayed. The principle applies to all civil proceedings. The court cannot stay a declaratory order. The rule ensures that stay applications are properly directed. The…

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