How to Seek a Stay Order in Indian Civil Courts: A Practical FAQ Guide

1. What exactly is a stay order, and when do courts issue it?

A stay order is a direction from a court that temporarily halts legal proceedings or the execution of a judgment. It doesn’t cancel the underlying order or case—it just pauses its effect. Courts issue stay orders to prevent injustice, protect parties from irreparable harm, or maintain the status quo while a matter is pending review.

Let’s say a lower court passes a decree and you file an appeal—if that decree is acted upon before your appeal is heard, it could defeat the purpose of the appeal. That’s where a stay comes in. It’s granted when the court is convinced that there’s a prima facie case, that the balance of convenience favors the applicant, and that refusal may cause irreparable injury. These three ingredients must work together; miss one, and the court may refuse.

You might seek a stay to halt an eviction, stop enforcement of a money decree, pause demolition by authorities, or freeze the operation of a government order. The reason must be compelling, the urgency real, and the harm irreparable. Courts aren’t in the business of delaying justice—they intervene when speed would itself cause injustice.

2. How do I file for a stay order—what’s the actual process?

You start by filing an application for stay in the same court where your case is pending, or in the appellate court if you’re challenging a lower court’s decision. The application typically comes with a supporting affidavit stating the facts, legal grounds, and the urgency.

Here’s how it usually unfolds:

• Drafting the Stay Application: Your civil dispute lawyer will draft a detailed application citing the relevant provisions—Order 39 for interim injunctions, Order 41 Rule 5 for appellate stay, or Section 151 CPC if none of the above fits.
  
• Filing with Court Registry: The application and affidavit are submitted, court fees paid, and the matter is listed before the judge.
  
• Urgent Listing Request: If the matter is time-sensitive, your advocate can request the court for an urgent hearing by filing a separate mention memo or oral request before the judge.
  
• Hearing and Prima Facie Scrutiny: At the hearing, the court will hear both parties, or in urgent cases, may grant temporary relief ex parte and issue notice to the other side.
  
• Order Granting or Rejecting Stay: If the court is satisfied, it will pass an interim stay order, often with conditions—like furnishing a surety or undertaking not to alienate property.
  

The paperwork matters, but so does the narrative. You’re telling the court: this is urgent, this is serious, and this will cause real harm if not paused. A sloppy or vague application will sink your chances, no matter how urgent your case feels.

3. What are the legal grounds on which a stay order is granted?

Courts aren’t in the business of granting stays just because one party feels aggrieved. The judge has to see a clear legal justification. There are three essential pillars to this:

• Prima Facie Case: You must show that there’s a serious legal issue worth examining—not a frivolous or manufactured dispute. If your case appears hopeless from the start, you’re unlikely to get relief.
  
• Balance of Convenience: The court weighs the harm caused by granting the stay against the harm of refusing it. If denying a stay will cause you significantly more damage than granting it will cause the other side, you tip the balance in your favour.
  
• Irreparable Harm: You must demonstrate that the damage can’t be undone by compensation or later correction. For example, if a building is demolished before title is settled, or someone takes possession of a disputed property during litigation, money can’t fix that.
  

Sometimes courts also consider whether the application is bona fide or merely intended to delay proceedings. Delay tactics disguised as stay petitions tend to backfire. You need to show urgency, merit, and genuine apprehension of harm—all three, not just one.

4. How do I apply for a stay order—what’s the actual process?

Applying for a stay order isn’t just about filling a form. It’s a formal legal process that needs strategy, timing, and precision.

First, your civil dispute lawyer files an interim application under the relevant provision—usually Order XXXIX Rule 1 and 2 of the Civil Procedure Code (CPC) for temporary injunctions, or under Section 151 of the CPC for inherent powers if no specific provision fits. If you’re appealing against a lower court’s decision, then Order XLI Rule 5 CPC is the go-to provision for stay of decree or proceedings.

The application should:

• Clearly state what you want to stay (a proceeding, a decree, or some executive action),
  
• Explain why it would cause irreparable harm if not stayed.
  
• Present documents supporting your claim—decree copies, prior orders, affidavits, property papers, etc.,
  
• Offer an undertaking, if required, that you’ll compensate the other party for any loss if the stay turns out unjustified.
  

Once filed, the court may issue notice to the other party. In urgent cases, it can pass an ex parte (without notice) stay for a short duration and hear both sides later. But courts are cautious about ex parte stays—they require strong justification.

5. Can a stay order be obtained without notifying the other party?

Yes, but only in exceptional cases. Courts do allow ex parte stay orders—those granted without hearing the other side—but they’re not handed out lightly.

To get one, you have to show urgency so pressing that giving notice would defeat the very purpose of the stay. Think of a property that’s about to be bulldozed tomorrow morning, or a bank that’s about to enforce a recovery without proper notice. In such cases, time is of the essence, and courts can step in immediately.

However, ex parte stays are always temporary—usually lasting until the next date of hearing. The other party is then given a chance to appear and respond. If you mislead the court or suppress facts to get an ex parte stay, that order can be vacated instantly, and costs may be imposed.

So while ex parte relief is possible, it’s a sharp tool. Use it responsibly, and only when absolutely necessary. Courts expect you to act in good faith, disclose all relevant facts—even those that go against you—and seek urgent relief only when delay would cause irreversible damage.

6. What happens after the stay order is granted—how long does it last and can it be extended?

Once a court grants a stay order, it usually specifies how long it will remain in effect. Sometimes the order is valid until the next date of hearing, or for a fixed time (say, four weeks), or till further orders. It all depends on the court’s intent and the nature of the case.

If the stay is time-bound and you’re nearing the expiry date, your lawyer must file an application for extension or continuation of the stay—ideally before the current order lapses. If the court finds that the original grounds still stand, and the matter hasn’t progressed enough to conclude the interim issue, it may extend the stay.

But here’s what often catches people off guard: once a stay order lapses or is vacated (cancelled), the opposite party is legally free to act unless a fresh stay is granted. Courts don’t entertain stale requests to revive lapsed stays unless there’s a strong reason for the delay.

Also, the Supreme Court has clarified that indefinite stay orders, particularly in civil and criminal proceedings, are discouraged. Courts are expected to review, monitor, and reassess such orders periodically to prevent abuse and procedural stagnation.

7. Can a stay order be challenged or vacated by the opposing party?

Absolutely. A stay order isn’t cast in stone—it can be challenged, modified, or vacated by the opposing party if they believe it was wrongly granted or is no longer justified.

The usual route is to file an application for vacating the stay before the same court that passed it. The applicant must show that:

• The stay was granted based on misrepresentation or suppression of facts,
  
• The circumstances have materially changed since the stay was granted, or
  
• The stay is being used to delay proceedings or cause undue hardship.
  

Let’s say you got a stay on eviction by claiming no alternative housing. If the landlord later proves you misled the court or that you’ve since secured a new property, they can seek vacation of the stay.

Courts also scrutinize how long the stay has remained in force without progress in the main case. If it looks like you’re using the stay as a tactic to buy time or frustrate justice, the court can—and often does—lift the order, sometimes with costs.

Even higher courts can be approached. For instance, if a subordinate court continues a stay unfairly, the aggrieved party can move the High Court under Article 227 of the Constitution, seeking supervisory intervention.

The key takeaway: A stay order is not a final verdict. It’s a protective measure, subject to ongoing judicial scrutiny and challenge. Misuse it, and the court won’t hesitate to set it aside.