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Kanku Devi vs. Smt. Saraswati Devi

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2 and Order 22, Rule 3–Trial Court declined to extend the interim order with the view that the application under Order 22, Rule 3 has not been decided yet–Justification–When the application under Order 22, Rule 3 had been preferred in the prescribed limitation, there was no bar for trial Court for deciding it–Pendency of application cannot be detrimental to any of party–If any application of defendant for stay was pending, same ought to be decided on its own merits–Direction issued for disposal of application on next date–Parties would keep the status quo till the decision of application.