Disclaimer: Updating and uploading of all Central Acts available on this web page is the proprietary of the Legislative Department in the Ministry of Law and Justice. A separate stay application can be filed to seek stay form the higher court while filing appeal under order xliii of Civil Procedure Code. (2) An application by the defendant for a like order may be made at any time after appearance. Section 12 of CPC. In simple words, Section 12(2) CPC, speaks of the principle that if a Decree, Order or Judgment is obtained by Fraud, misrepresentation, or where Question of jurisdiction has risen, such Order Decree or Judgment shall be challenged through an application in the same court and no other separate Suit shall lie. ... No rule of universal application can be laid down and the question should be decided on the facts of each case. Note : 1. The application shall be made in triplicate and shall be neatly typed on one side of the paper with copies all the relevant document including demand notice, copies of correspondence with the Revenue authorities for stay of demand and copies of the letter refusing stay of demand. CPC; Res Judicata:- Section 11 CPC. decree (herein after called JD) comes before the court and files an application for stay on one or the other grounds and relies upon certain provisions of CPC. The CPC address you need depends on the documents or application you’re submitting. Facebook. Hearing this, B pays the pending amount and the suit is dismissed as disposed of. The Stay Application u/s 220(6) can be made only before the AO and the AO only has a right to stay the demand. Illustration, A sues B for possession of certain properties on the basis of a sale deed in his favour. What needs to be considered in such a scenario is the real issue. A Stay of realization of tax cannot be allowed just because an appeal has been preferred or filed. 2. By. Sample format of Stay Application to be filed with appeal under order 43 of CPC is given below: Shuvneek Hayer - January 8, 2019. Twitter. Comprehensive Primary Care Plus (CPC+) is a national advanced primary care medical home model that aims to strengthen primary care through regionally-based multi-payer payment reform and care delivery transformation. 4. As per Order XLIII of CPC an appeal shall be from the following orders under the provisions of section 104. However, the CIT (Administration) being the administrative head of the particular charge where the jurisdiction of the assessee lies, the CIT (Administration) can consider the Stay Application. According to Section 141 (Section 38 of the 1861 CPC), the court should apply the provisions of CPC in such cases as well. 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