Property disputes are common in Pakistan, often involving urgent situations where one party seeks immediate relief to prevent harm or loss. A stay order (temporary injunction) is one of the most powerful legal remedies available to maintain the status quo until the final decision of the court.
In this article, we’ll walk you through the legal process, grounds, and documentation required to obtain a stay order, along with relevant case laws for deeper understanding.
What is a Stay Order?
A stay order is a direction from the court to temporarily halt proceedings or actions such as selling, transferring, or constructing on disputed property until the matter is resolved.
It is governed under:
- Order XXXIX Rules 1 & 2 of the Code of Civil Procedure (CPC), 1908.
Legal Grounds for Obtaining a Stay Order
To secure a stay order, the applicant must prove the following:
- Prima Facie Case:
The applicant shows that there is a genuine dispute that needs court intervention and that they have a solid case. - Irreparable Loss:
The applicant must demonstrate that they will suffer irreparable harm or loss that cannot be compensated in monetary terms if the stay is not granted. - Balance of Convenience:
The court considers whether granting the stay would cause less hardship to the opposing party compared to the applicant’s hardship if the stay is denied.
Required Documents
To file an application for a stay order, the following documents are essential:
- Plaint/ Suit:
A detailed civil suit outlining the facts and legal grounds of the dispute. - Stay Application:
A separate application under Order XXXIX Rules 1 & 2 CPC, clearly explaining the urgency and grounds for the stay. - Affidavit:
Sworn statement verifying the truth of the facts mentioned in the plaint and stay application. - Power of Attorney:
If represented by a lawyer, the vakalatnama (power of attorney) must be attached. - Supporting Documents:
- Title documents (e.g., sale deed, registry).
- Previous litigation records (if any).
- Any other relevant papers proving ownership or possession.
- Court Fee:
Prescribed court fee stamps must be affixed as per law.
Legal Process: Step-by-Step
- Filing the Suit & Stay Application:
Submit your civil suit and stay application in the civil court of competent jurisdiction. - Preliminary Hearing:
The court may issue a notice to the opposing party and schedule an early hearing. In cases of extreme urgency, the court may even grant an ex parte stay order without hearing the other party initially. - Opposition’s Reply:
The other party is given a chance to submit their written reply and evidence. - Final Hearing:
After hearing both parties, the court will decide whether to confirm, modify, or vacate the stay order. - Compliance:
If the stay is granted, both parties are legally bound to comply, and violation may lead to contempt of court proceedings.
Important Case Laws
- Messrs Tayyaba Industries v. Messrs Babar Industries (PLD 1971 Lahore 1046):
The Lahore High Court explained the essential conditions for granting a temporary injunction and emphasized the need for a balance of convenience. - Sardar Ali v. Sultan Ahmad (2003 SCMR 1514):
The Supreme Court held that the court must ensure that an ex parte stay is granted only in exceptional circumstances and should be reviewed quickly once the defendant appears. - Muhammad Rafiq v. Bashir Ahmed (PLD 1984 Lahore 45):
It was held that irreparable loss must be such that it cannot be compensated by damages alone.
Practical Tips
- Always gather and attach solid proof of ownership or possession.
- Explain the urgency and potential damage in clear, convincing language.
- If your opponent violates the stay, promptly file a contempt petition.
Get Legal Support with Bahaq
Facing a property dispute? Need help drafting your stay application or understanding case laws?
Bahaq provides:
- Legal research & case law assistance.
- Document drafting support.
- Expert advice to strengthen your legal case.
Join Bahaq’s forum today to ask questions, discuss your case, or connect with legal experts who can guide you at every step!