Case Law Analysis
|Punjab and Haryana High Court
CPC Order 41 Rule 5 | Execution Stay Mandatory Pending Restoration of Dismissed Appeal to Protect Statutory Right: Punjab & Haryana HC
The Punjab & Haryana High Court has ruled that executing a decree during the pendency of a restoration application under Order 41 Rule 5 CPC defeats the statutory right to appeal, rendering the restoration infructuous. This protects judgment debtors from irreversible loss of property rights while their appellate remedy remains pending, reinforcing procedural fairness in civil execution.