Posted On by &filed under Calcutta High Court, High Court.

Calcutta High Court
Balkishen Sahu vs Khugnu on 21 March, 1904
Equivalent citations: (1904) ILR 31 Cal 722
Author: F W Maclean
Bench: F W Maclean, Prinsep, Ghose, Harington, Brett


Francies W. Maclean, C.J.

1. The question submitted to us is this: “When an appeal is pending to the High Court against a preliminary order made in a Subordinate Court under Section 215A of the Civil Procedure Code, has the High Court jurisdiction to stay the carrying out of such order pending the hearing of the appeal?” I have no hesitation in answering the question in the affirmative. Apart from the question whether the case falls within Section 545 of the Code of Civil Procedure the Court, which has seizin of the appeal, “can make an order staying proceedings pending its hearing.

2. With this expression of opinion, the rule must go back to the referring Court. The costs of this reference are made costs in the rule.

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