Civil Procedure Code Security Bond To Be Given On Order Being Made To Stay Execution Of Decree

Security Bond to be given on Order being made to Stay Execution of Decree.(O.41, R.5.)

(Title)

To

THIS security bond on stay of execution of decree executed by_________________witnesseth:--

That, ______________the plaintiff in Suit No. ___________ of: 19, having sued, the defendant, in this Court and a decree having been passed on the ___________day of ____________19_________ 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 o 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 there under, 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_________19________,

Schedule

Witnessed by

1.

2.