Order 3 Judgments (Enforcement) Rules

Order 3 of the Judgments (Enforcement) Rules is about Stay of judgments and process. It contains the following rules:

1. Application for stay of judgment
   An application under section 23 of the Act, if not made at the trial, shall be made by motion on notice to the judgment creditor.
2. Stay of judgment or process
   (1) An order to suspend or stay any judgment or process, or an order for the discharge or liberation of a debtor, shall be in Form 36.
   [Form 36.]
   (2) Where an order suspending or staying a judgment or any process has been made and process has issued, the process shall be recalled, but the court or magistrate may order the debtor to pay the costs of the process and any fees or expenses incurred before the recall of the process, and may authorise the sheriff to sell a portion of the property attached (if any) sufficient to realise such costs, fees, and expenses and the expenses of the sale, and any such process may be reissued by leave of the court or magistrate.
3. Notice of stay may be given at expense of judgment debtor
   Where any execution is superseded under section 22 of the Act, or stayed under section 23 of the Act or otherwise, then, if the judgment creditor shall desire it, and shall deposit in court a sum sufficient to cover the expense, notice of supersession or stay shall be given in the same manner as in Order Y prescribed respecting the notice of attachment and the delivery of office copies of the order of attachment; and such steps shall be taken as may be necessary for staying further proceedings in execution of the decree.