Stay Order

A stay order is a directive by which a court temporarily suspends a judicial proceeding, the execution of a decree or order, or an administrative action until it decides the underlying question. It freezes the parties' positions without resolving the dispute: the matter stays alive and resumes once the stay is vacated, lapses, or the case is finally decided.

Legal basis

Indian courts draw on several provisions depending on the forum and stage:

• Order XLI Rule 5, CPC 1908 — stay of execution of a decree while an appeal is pending.
• Section 10, CPC — stay of a suit where the same matter is already pending between the parties (res sub judice).
• Section 151, CPC — the court's inherent power to grant a stay to secure the ends of justice.
• Articles 226 and 227, Constitution — a High Court staying an order or authority in writ or supervisory jurisdiction; the Supreme Court acts under Article 142.
• Section 528, BNSS 2023 (inherent powers of the High Court, replacing Section 482 CrPC) — to stay criminal proceedings.

Stay order versus injunction

A stay operates on a proceeding or authority, stopping it from acting, whereas a temporary injunction under Order XXXIX Rules 1-2, CPC restrains a party from doing something. Both are interim and discretionary.

Duration

A stay lasts for the period the court fixes or until further orders. In High Court Bar Association, Allahabad v. State of U.P. (2024), a five-judge Constitution Bench held that a High Court stay does not automatically lapse after six months, overruling the 2018 Asian Resurfacing direction; it continues until specifically vacated or the case is decided.