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The Code of Civil Procedure, 1908: page 229
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 229, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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12. Refund of balance deposit.—When the copy of the record, except as aforesaid, has been
transmitted to 1[the Supreme Court], the appellant may obtain a refund of the balance (if any) of the
amount which he has deposited under rule 7.
13. Powers of Court pending appeal.—(1) Notwithstanding the grant of a certificate for the
admission of any appeal, the decree appealed from shall be unconditionally executed, unless the Court
otherwise directs.
(2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or
otherwise appearing to the Court,—
(a) impound any movable property in dispute or any part thereof, or
(b) allow the decree appealed from to be executed, taking such security from the respondent as
the Court thinks fit for the due performance of any order which 1[the Supreme Court] may make on
the appeal, or
(c) stay the execution of the decree appealed from, taking such security from the appellant as the
Court thinks fit for the due performance of the decree appealed from, or of 2[any decree or order]
which 1[the Supreme Court] may make on the appeal, or
(d) place any party seeking the assistance of the Court under such conditions or give such other
direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver
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or otherwise. od
14. Increase of security found inadequate.—(1) Where at any time during the pendency of the
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appeal the security furnished by either party appears inadequate, the Court may, on the application of the
other party, require further security.
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(2) In default of such further security being furnished as required by the Court,—
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(a) if the original security was furnished by the appellant, the Court may, on the application of the
respondent, execute the decree, appealed from as if the appellant had furnished no such security;
(b) if the original security was furnished by the respondent, the Court shall so far as may be
practicable, stay the further execution of the decree, and restore the parties to the position in which
they respectively were when the security which appears inadequate was furnished, or give such
direction respecting the subject-matter of the appeal as it thinks fit.
15. Procedure to enforce orders of the Supreme Court.—(1) Whoever desires to obtain execution
of 2[any decree or order] of 1[the Supreme Court] shall apply by petition, accompanied by a certified copy
of the decree passed or order made in appeal and sought to be executed, to the Court from which the
appeal to 1[the Supreme Court] was preferred.
(2) Such Court shall transmit the 3[decree or order] of 1[the Supreme Court] to the Court which passed
the first decree appealed from, or to such other Court as 1[the Supreme Court] by such 3[decree or order]
may direct and shall (upon the application of either party) give such directions as may be required for the
execution of the same; and the Court to which the said 3[decree or order] is so transmitted shall execute it
accordingly, in the manner and according to the provisions applicable to the execution of its original
decrees.
4
* * * * *
1. Subs. by the A.O. 1950, for “His Majesty in Council”.
2. Subs. by the A.O. 1950, for “any order”.
3. Subs. by ibid., for “order”.
4. Sub-rule (3) omitted by the A.O. 1950.
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