THE FIRST SCHEDULE · ORDER XLI APPEALS FROM ORIGINAL DECREES · Procedure on admission of appeal

Order XLI Rule 10: Appellate Court may require appellant to furnish security for costs

The Code of Civil Procedure, 1908

(1) The Appellate Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards on the application of the respondent, demand from the appellant security for the costs of the appeal, or of the original suit, or of both:

Where appellant resides out of India.—Provided that the Court shall demand such security in all cases in which the appellant is residing out of ¹[India], and is not possessed of any sufficient immovable property within ¹[India] other than the property (if any) to which the appeal relates.

(2) Where such security is not furnished within such time as the Court orders, the Court shall reject the appeal.

Footnotes in the official text

1.Subs. by Act 2 of 1951, s. 3, for “the States”.

Questions on this rule

1 question in 6 of our papers cite Order XLI Rule 10. Try these from the free papers:

1. Under the proviso to Order XLI Rule 10(1) CPC, the Appellate Court SHALL demand security for costs from the appellant where he:

Practise questions on Civil Procedure Code