No Need For Parties To Be In Trial Court When Proceedings Are Stayed

14
10/2018

No Need For Parties To Be In Trial Court When Proceedings Are Stayed

In SAPNA ARORA vs THE STATE OF PUNJAB, the Supreme Court 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 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. The court said that 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.

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