CPC 1908 § Order XLI, Rule 5 — Stay by Appellate Court

Statutory text (English)

(1) An appeal shall not operate as a stay of proceedings under
a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of
a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate
Court may for sufficient cause order stay of execution of such decree.

(2) Stay by Court which passed the decree. Where an application is made for stay of
execution of an appealable decree before the expiration of the time allowed for appealing therefrom,
the Court which passed the decree may on sufficient cause being shown order the execution to be
stayed.

(3) No order for stay of execution shall be made under sub-rule

(1) or sub-rule

(2) unless the
Court making it is satisfied—
(a) that substantial loss may result to the party applying for stay of execution unless
the order is made;
(b) that the application has been made without unreasonable delay; and
(c) that security has been given by the applicant for the due performance of such
decree or order as may ultimately be binding upon him.

(4) Notwithstanding anything contained in sub-rule
(3), the Court may make an ex parte order
for stay of execution pending the hearing of the application.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XLI, Rule 5 (APPEALS FROM ORIGINAL DECREES): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 167, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 167) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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