B.P. AGARWAL vs

The Supreme Court held that the Kerala High Court's order directing the appellant to deposit Rs. 5,00,000 under Order XLI Rule 1(3) of the CPC was incorrect as there was no application for stay filed. The Court clarified that while non-compliance with the deposit could lead to dismissal of a stay application, it does not warrant dismissal of the appeal itself. The judgment emphasized that the imposition of a deposit condition for appeal admission is not supported by Section 96 CPC and could compound legal infirmities.