State of Proceedings

O. XLI, r. 5-Stay of proceeding-Suit for recovery of possession of land decreed against Government in favour of petitioner-Government filing appeal in Supreme Court and obtaining stay order-Petitioner approaching Supreme Court with grievance of Government having handed over possession of land to WAPDA for construction of a colony.-Representatives of WAPDA on being called by Supreme Court stating to be mere contractors for Irrigation Department and expressing lack of knowledge whether land acquired in legal manner Appellant Government's counsel although earlier directed by Court to get proper instructions unable to assist Court properly and putting forward excuse of being unable to get all necessary instructions from responsible officer of relevant authority-Court, in circumstances, held had no option but to vacate stay order.

S. 561-A-Stay of proceedings-Criminal proceedings-Not normally to be postponed pending disposal of civil litigation connected with same subject-matter except where criminal liability dependent upon result of civil litigation or so intimately connected with same as to cause danger of grave injustice due to occurrence of conflict of decisions-No invariable rule to stay proceedings-Matter one of discretion entirely-Guiding principle : To see whether accused likely to be prejudiced if criminal proceedings not stayed.

S. 34-Stay of proceedings Burden of proof-Lies on plaintiff to show that for some cogent reason his suit ought not be stayed.

Subject-matter of proceedings same in both criminal case as well as civil suit-No invariable rule that criminal proceeding be postponed pending disposal of civil litigation-Suit filed long after criminal prosecution started.-Held : High Court was :right in not staying criminal proceeding

Criminal Procedure Code (V of 1898), S. 361-A.