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The Code of Civil Procedure, 1908: page 322

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 322, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                               APPENDIX G
                                    APPEAL, REFERENCE AND REVIEW
                                                    No. 1
                                        MEMORANDUM OF APPEAL
                                                (O. 41, r. 1.)
                                                   (Title)
     The...............................................above-named appeals to the……………………………………...
Court at…………………from the decree of……………in Suit No………………of 20………….… dated
the……………….day of………………20………,and sets forth the following grounds of objection
to the decree appealed from, namely:—


                                                    No. 2
          SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE
                                                (O. 41, r. 5.)
                                                   (Title)           e
To
     ...................
                                                                 od
     ...................                                 aC
    This security bond on stay of execution of decree executed by………………………...witnesseth:—
                                                    di
That……….., the plaintiff in Suit No.…………………of 20...……………having sued
                                               In
……………….. , the defendant, in this Court and a decree having been passed on the……………….day
of………………20……, in favour of the plaintiff, and the defendant having preferred an appeal from the
said decree in the………Court, the said appeal is still pending.

    Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an
application praying for stay of execution and has been called upon to furnish security. Accordingly I, of
my own free will, stand security to the extent of Rs.……………..,mortgaging the properties specified in the
Schedule hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the
Appellate Court’ the said defendant shall duly act in accordance with the decree of the Appellate Court and
shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so
payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said
properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to
pay the balance.

     To this effect I execute this security bond this………..day of………………20……….

                                                  Schedule

                                                                                                    (Signed.)

     Witnessed by

     1.

     2.




                                                     322

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