Law: Civil Procedure Code (V of 1908)

Section:

(a) Civil Procedure Code (V of 1908)-------   ------Ss. 96 & 107 and O. XL, r. 5-Lower Court stipulating time limit for performance of act-Effect of appellate proceedings against order-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 15 & 13(6).   Where an appellate order or a decree affirms the decree or order of the lower Court, without any change or modification, including the time limit with regard to the performance of an act by a certain date, it supersedes the original Court's order in all its details and has to be implemented in the same context and the silence of the appellate order on the point of time cannot be construed as allowing a fresh period of time from the date of the appellate order equal to one allowed by the original Court. Where a decree or order is under an appeal the matter disposed of is re-opened and remains in abeyance, but the confirmation by the appellate Court restores its provisions as they stood when it was passed, held, an appeal, by itself does not operate as a stay of proceedings under the decree or order appealed from. However, the position would be different in cases where the appellant obtains a stay order from the appellate Court, stopping the operation of the order under appeal during the pendency of the appeal. The stay order suspends the operation of the original Court and when an order is suspended by a competent Court in its operation, its performance is obviously avoided and if in the meanwhile the date of the performance expires during the suspension period, the party that had to perform the act on that date cannot be visited with a penalty for not having performed it during the time when its operation was suspended. In such cases, therefore, while the dismissal of the appeal brings about the restoration of the original decree, with all its contents and provisions, the time for the performance of the act, which had been suspended during the pendency of the appeal is revived from the date of the appellate order to be performed within the period equal to that as enjoined in the original order.   26 I C 775 ; I L R 11 All. 346 ; Chiranji Lal v. Dharam Singh I L R 18 All. 223…