decree (herein after called JD) comes before the court and files an application for stay on one or the other grounds and relies upon certain provisions of CPC. Facebook. By. Shuvneek Hayer - January 8, 2019. 4. Comprehensive Primary Care Plus (CPC+) is a national advanced primary care medical home model that aims to strengthen primary care through regionally-based multi-payer payment reform and care delivery transformation. As per Order XLIII of CPC an appeal shall be from the following orders under the provisions of section 104. There are certain provisions in the CPC which may be normally invoked by a genius JD for praying stay. Twitter. A Stay of realization of tax cannot be allowed just because an appeal has been preferred or filed. A separate stay application can be filed to seek stay form the higher court while filing appeal under order xliii of Civil Procedure Code. (2) An application by the defendant for a like order may be made at any time after appearance. Section 12 of CPC. Disclaimer: Updating and uploading of all Central Acts available on this web page is the proprietary of the Legislative Department in the Ministry of Law and Justice. 2. According to Section 141 (Section 38 of the 1861 CPC), the court should apply the provisions of CPC in such cases as well. Therefore, it is very significant for assessees to take steps to prevent any coercive methods from being taken by the Department to recover the outstanding dues either through attachment of Bank account or adjustment of demand against any refund due to the assessee. Hearing this, B pays the pending amount and the suit is dismissed as disposed of. Now, to recover his car, B has to file a miscellaneous application before the same court where the trial was conducted. Sample format of Stay Application to be filed with appeal under order 43 of CPC is given below: However, the CIT (Administration) being the administrative head of the particular charge where the jurisdiction of the assessee lies, the CIT (Administration) can consider the Stay Application. The CPC address you need depends on the documents or application you’re submitting. The Stay Application u/s 220(6) can be made only before the AO and the AO only has a right to stay the demand. In simple words, Section 12(2) CPC, speaks of the principle that if a Decree, Order or Judgment is obtained by Fraud, misrepresentation, or where Question of jurisdiction has risen, such Order Decree or Judgment shall be challenged through an application in the same court and no other separate Suit shall lie. Note : 1. CPC; Res Judicata:- Section 11 CPC. 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