Stop Order

There is a distinction between an order granting time for filing counter affidavit or for doing something else and a stop order for the same purpose. If simply time has been granted, it can be enlarged or further time can be granted on oral prayer. But if a stop order has been passed and still further time is being sought, a proper application supported by an affidavit has to be moved for this purpose giving an explanation, why despite the stop order, a counter affidavit was not filed or the particular thing was not done within the time fixed by the stop order. If this distinction is not kept in mind, stop orders of this court would be reduced to a mockery and would cease to have any meaning. Ravi Shankar Pandey v. State of U.P. and others, 2013 (4) AWC 3370.

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Filed under Practice and Procedure, Stop Order

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