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The Code of Civil Procedure, 1908: page 219

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 219, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    1
     [3A. Application for condonation of delay.—(1) When an appeal is presented after the expiry of
the period of limitation specified therefore, it shall be accompanied by an application supported by
affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient
cause for not preferring the appeal within such period.
     (2) If the Court sees no reason to reject the application without the issue of a notice to the respondent,
notice hereof shall be issued to the respondent and the matter shall be finally decided by the Court before
it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be.
    (3) Where an application has been made under sub-rule (1), the Court shall not make an order fact the
stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does
not, after hearing under rule 11, decide to hear the appeal.]
    4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds
on ground common to all.—Where there are more plaintiffs or more defendants than one in a suit, and
the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants,
any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the
Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case
may be.
                                            Stay of proceedings and of execution
     5. Stay by Appellate Court.—(1) An appeal shall not operate as a stay of proceedings under a decree
                                                                           e
or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be
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stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may
for sufficient cause order stay of execution of such decree.
    1
                                                                   aC
       [Explanation.—An order by the Appellate Court for the stay of execution of the decree shall be
                                                                 di
effective from the date of the communication of such order to the Court of first instance, but an
affidavit sworn by the appellant, based on his personal knowledge, stating that an order for the stay of
                                                          In
execution of the decree has been made by the Appellate Court shall, pending the receipt from the
Appellate Court of the order for the stay of execution or any order to the contrary, be acted upon by the
Court of first instance.]
     (2) Stay by Court which passed the decree.—Where an application is made for stay of execution of
an appealable decree before the expiration of the time allowed for appealing therefrom, the Court which
passed the decree may on sufficient cause being shown order the execution to be stayed.
     (3) No order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the Court
making it is satisfied—
          (a) that substantial loss may result to the party applying for stay of execution unless the order is
     made;
          (b) that the application has been made without unreasonable delay; and
          (c) that security has been given by the applicant for the due performance of such decree or order
     as may ultimately be binding upon him.
     (4) 2[Subject to the provision of sub-rule (3),] the Court may make an ex parte order for stay of
execution pending the hearing of the application.
     1
       [(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to
make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an
order staying the execution of the decree.]
     6. Security in case of order for execution of decree appealed from.—(1) Where an order is made
for the execution of a decree from which an appeal is pending, the Court which passed the decree shall,
on sufficient cause being shown by the appellant, require security to be taken for the restitution of any
property which may be or has been taken in execution of the decree or for the payment of the value of


1. Ins. by Act 104 of 1976, s. 87. (w.e.f. 1-2-1977).
2. Subs. by s. 87, ibid., for certain words (w.e.f. 1-2-1977).

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