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The Code of Civil Procedure, 1908: page 323

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 323, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                               No. 3
                     SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL
                                            (O. 41, r. 6.)
                                               (Title)
To
      ...................
      ...................
     THIS security bond on stay of execution of decree executed by witnesseth:—
     That………………., the plaintiff in Suit No………………………………………………of 20…….
having sued………………………, 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 has applied for execution of the said decree 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 reversed or varied by the Appellate Court, the plaintiff shall restore any property which may
be or has been taken in execution of the said decree and 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
                                                                        e
any amount so payable shall be realised from the properties hereby mortgaged, and if the proceeds of the
                                                                  od
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…….                                            aC
                                                         Schedule
                                                      di                                                  (Signed.)
     Witnessed by                                 In
     1.
     2.
                                                           No. 4
                                        SECURITY FOR COSTS OF APPEAL
                                                       (O. 41, r. 10.)
                                                          (Title)
To
    ...................
    ...................
   This security bond for costs of appeal executed by……………….witnesseth:—
   This appellant has preferred an appeal from the decree in Suit No. …………………………………of
20…………….…, against the respondent, and has been called upon to furnish security. Accordingly
I, of my own free will, stand security for the costs of the appeal, mortgaging the properties specified in the
schedule hereunto annexed. I shall not transfer the said properties or any part thereof, and in the event of any
default on the part of the appellant, I shall duly carry out any order that may be made against me with regard
to payment of the costs of appeal. Any amount so payable shall be realised 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
    Witnessed by
     1.
     2.                                                                                         (Signed.)




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