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No Need For Parties To Be In Trial Court When Proceedings Are Stayed: SC [Read Order]

ashok kini
13 Oct 2018 5:00 AM GMT
No Need For Parties To Be In Trial Court When Proceedings Are Stayed: SC [Read Order]
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“We fail to understand the logic behind such a practice”

The Supreme Court bench headed by Justice Kurian Joseph said when trial court proceedings are stayed, there is no need for the parties to be in court till the stay is vacated or modified by the court which granted the stay.

This observation was made by the bench, also comprising Justice S. Abdul Nazeer, while it was told by a lawyer appearing in a transfer case, that despite the stay granted by it, the trial court in Punjab is insisting for the presence of the parties.

“We fail to understand the logic behind such a practice, if the submission of the learned counsel is correct. We make it clear that since the proceedings are stayed, there is no need for the parties to be in Court till the stay is vacated or modified by the Court, which granted the stay.”

The bench then requested the Registrar General of the High Court of Punjab and Haryana to issue a clarification in that regard to all the courts in the states.

In the transfer petition filed by one Sapna Arora, the bench had on Tuesday issued notice and had stayed further proceedings pending before Sub Divisional Judicial Magistrate, Phagwara, Punjab.

Read the Order Here

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